Kerala High Court
Bail Appl./9520/2012 of SURESH Vs STATE OF KERALA on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 Bail Appl..No. 9520 of 2012 () ------------------------------ CRMC.3054/2012 of D.C & SESSIONS COURT, PALAKKAD CRIME NO. 2432 OF 2012 OF PALAKKAD TOWN SOUTH
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934Bail Appl..No. 9520 of 2012 () ------------------------------CRMC.3054/2012 of D.C & SESSIONS COURT, PALAKKADCRIME NO. 2432 OF 2012 OF PALAKKAD TOWN SOUTH POLICE STATION
APPLICANT/ACCUSED :----------------------------- SURESH, AGED 40 YEARS S/O. RAJAN, SANGEETHA NIVAS, KODUNTHIRAPULLY PALAKKAD. BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.VIPIN NARAYAN SMT.M.A.SHEEBARESPONDENT/COMPLAINANT :---------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I. OF POLICE PALAKKAD TOWN SOUTH POLICE STATION.
R BY PUBLIC PROSECUTOR V S SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.BHAVADASAN, J
----------------------------------------- B.A No.9520 of 2012
--------------------------------------------------- Dated this the 31[st] day of December, 2012
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O R D E R
The petitioner is the accused in Crime No.2432/2012 ofPalakkad Town South Police Station for having committed offencepunishable under Sections 3 r/w 17 of the Money Lenders Act, 1958.
2. The petitioner points out that he is an Auto Consultant andfor that purpose he has received cheques, promissory notes and otherdocuments from various clients. It is also pointed out that some ofthe documents were seized by the police and suo motu crime has beenregistered against the petitioner on the allegation that he is engagingin money lending business. The petitioner would say that theallegations are totally false and baseless.
3. The learned Public Prosecutor pointed out that severaldocuments were seized from the workshop of the petitioner and thatwould see that he is engaging in money lending business.
4. On going through the CD it is seen that the petitioner hadreceived cheques, identity cards, which according to the detectingofficer, is sufficient to show that he is engaging in money lendingbusiness. But the cheque etc. could have well been received forvarious purposes as the petitioner holds out to be an auto consultant.A further probe into the matter is unwarranted at this point of time.
B.A No.9520 of 2012
: 2:
No register has appears to be seized. Considering the totality ofcircumstances it is felt that this is a fit case where extraordinaryjurisdiction of this Court needs to be exercised in favour of thepetitioner. The petition is allowed as follows:
i)The petitioner shall surrender before theInvestigating Officer on or before 9.1.2013, who afterinterrogation shall produce him before the JFCM concernedand on an application for bail moved by the petitioner, thelearned Magistrate shall release the petitioner on bail on hisexecuting a bond for a sum of Rs.15,000/- (Rupees fifteenthousand only) with two solvent sureties for the like sum eachto the satisfaction of the said Court.
ii)The learned Magistrate shall ensure the identity ofthe sureties and also the veracity of the tax receipts beforegranting bail.
Iii)The petitioner shall appear before the InvestigatingOfficer concerned for interrogation as and when required byhim until further orders.
iv)The petitioner shall not tamper or attempt totamper with the evidence or influence or try to influence thewitness.
v)If any of the condition is violated, the bail grantedshall stand cancelled and the JFCM concerned, on beingsatisfied of the said fact, may take such proceedings as areavailable to him in law.
P.BHAVADASAN
Judge