Allowed

Lubaina .J v. Inspector of Police

Kerala HC20 Feb 2018Bail Appl./1088/2018

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner, the 13th accused in a corruption case involving bank loan fraud. The court allowed the application despite allegations of using forged documents, noting that the petitioner had already repaid the entire loan amount and has no criminal antecedents.

What did the court decide?

Petitioner released on anticipatory bail by executing a bond for Rs. 40,000 with two sureties and complying with specific reporting and movement conditions.

Lubaina .J Vs Inspector of Police — Corruption | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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TUESDAY, THE 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939

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Bail Appl..No. 1088 of 2018

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R.C.No. 4(A)/ 2017/ CBI/ ACB/ COCHIN

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PETITIONER(S)

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LUBAINA J.

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W/O.P.B.SALI, AGED 42, SS BUILDING, PP ROAD, THONNALLOOR, PANDALAM P.O., PATHANAMTHITTA DISTRICT, PIN.689501.

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BY ADV.SRI.SHAJI THANKAPPAN

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RESPONDENT(S):

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INSPECTOR OF POLICE

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CENTRAL BUREAU OF INVESTIGATION, ANTI-CORRUPTION BRANCH, COCHIN,

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PIN.682017.

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CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY STANDING COUNSEL,

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HIGH COURT OF KERALA.

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BY SRI. SASTHAMANGALAM S. AJITHKUMAR, SPECIAL PUBLIC PROSECUTOR FOR CBI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-02-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.SUDHEENDRA KUMAR, J.

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Bail Application No.1088 of 2018

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Dated this the 20^th day of February 2018 O R D E R

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The petitioner is the 13^th accused in Crime No. R.C.No. 4(A)/ 2017/ CBI/ ACB/ COCHIN registered for the offence under Section 120B read with Section 420 IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act.

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The petitioner has filed this application praying for the relief under Section 438 Cr.P.C.

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Heard.

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The prosecution allegation is that the first accused

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Bail Application No.1088 of 2018

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: 2 :

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in the crime, while working as the Senior Manager, Indian Overseas Bank, Pandalam, committed criminal conspiracy with the co-accused and by abusing his official authority and by recourse to corrupt and illegal means, sanctioned and disbursed huge public fund of the bank amounting to Rs.306.47 lakhs, during the period from 8.8.2011 to 17.8.2013, in violation of the orders and circulars of the bank, deceptively under the financial schemes like Bhoomilakshmi Loan and Small and Medium Enterprises loans to private loanees, who are also arrayed as the accused and thereby, the 1^st accused and the private loanees including the petitioner obtained undue pecuniary advantage without any public interest.

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This Court granted the relief under Section 438 Cr.P.C. to the 7^th , 8^th and 24^th accused and dismissed the application filed by the first accused under Section 438 Cr.P.C. vide separate orders.

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Bail Application No.1088 of 2018

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: 3 :

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The allegation against the petitioner is that the petitioner availed a loan of Rs. 10,00,000/- from the Bank with the aid of forged documents. However, the learned Retainer Counsel for the CBI submitted that the petitioner had already closed the loan and no amount is at present due to the Bank. The petitioner is a lady aged 42 years. She is not having any criminal antecedent.

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Considering the facts and circumstances of the case, including the nature of allegations raised against the petitioner and also taking into consideration of the fact that the petitioner had already remitted the entire loan amount, I am of the view that an order under Section 438 Cr.P.C. in favour of the petitioner will be justified.

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In the result, this application stands allowed and the respondents are directed to release the petitioner on bail in the event of her arrest in connection with Crime R.C.No. 4(A)/2017/ CBI/ ACB/COCHIN of CBI, ACB, Cochin on

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Bail Application No.1088 of 2018

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: 4 :

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condition of the petitioner executing a bond for Rs.40,000/- (Rupees forty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the first respondent, before whom the petitioner shall surrender within 10 days, if not arrested in the meantime and subject to the following conditions:-

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(i) The petitioner shall report before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m. for two months and thereafter, as and when required by the Investigating Officer for interrogation.

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(ii) The petitioner shall not leave the state of Kerala without the leave of the learned Special Judge concerned.

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(iii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with

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Bail Application No.1088 of 2018

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: 5 :

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the investigation.

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(iv) The petitioner shall co-operate with the investigation.

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Sd/- B.SUDHEENDRA KUMAR,

JUDGE

ani/20/2/

/true copy/

P.S. To Judge

Lubaina .J v. Inspector of Police

Case brief

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Lubaina .J v. Inspector of Police

Case brief

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