Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE1T DAY OF JANUARY201411TH POUSHA, 1935 Bail Appl..No. 8626 of 2013 () ------------------------------- CRIME NO. 802/2013 OF VELLARADA POLICE STATION, THIRUVANANDAPURAM ----- PETITIONER/ACCUSED NO.4: ----------------------- SANTHOSH KUMAR @ ANI AGED34YEARS, S/O. SEKHARAPANICKER, RESIDING AT RATHI BHAVAN, PANACHAMOOD P.O., THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT/STATE : ---------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0101-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BP THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.8626 of 2013 -------------------------------------------- Dated this the 1st day of January 2014 ORDER
Petitioner is the 4th accused, in Crime No.802 of 2013 of the Vellarada Police Station for the offences punishable under Secs.306 read with Sec.34 of the Indian Penal Code, Secs.17 and 18A of the Kerala Money Lenders Act and Sec.3 of the Kerala Prohibition of Charging Exorbitant Interest Act, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that petitioner and others advanced loan to one Sarath and harassed him for repayment. Petitioner and others charged exorbitant interest. The property of said Sarath was got transferred and the sale deed also was taken custody. Unable to bear harassment, Sarath and his wife committed suicide.
3. Learned counsel submits that even if the allegations are accepted, that would not attract the offences under Secs.306 of the Indian Penal Code.
4. It is seen that to one of the accused, this Court has granted relief under Sec.438 of the Code of Criminal Procedure as per order dated 17.12.2013 in B.A. No.8395 of Bail Appl. No.8626 of 2013 2 2013. Having heard both sides, I am inclined to grant the same relief to the petitioner also. The application is disposed of as under. (i) Petitioner shall surrender before the officer investigating Crime No.802 of 2013 of the Vellarada Police Station on 07.01.2014 at 10.00 a.m. for interrogation. (ii) In case interrogation is not completed that day, it is open to the Officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply. (iii) In case after interrogation the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day. (iv) On such production the petitioner shall be released on bail (if not not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions. (a) One of the sureties shall be a close relative Bail Appl. No.8626 of 2013 3 of the petitioner. (b) Petitioner shall report to the Officer investigating the case as and when directed by him for interrogation. (c) Petitioner shall not intimidate or influence the witnesses. (d) Petitioner shall not get involved in any offence during the period of this bail. (v) In case the petitioner violates any of conditions (b) to (d) it is open to the investigating officer to move the learned magistrate (until committal if any and thereafter before the Principal Sessions Judge concerned) for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge