IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH FRIDAY,THE10H DAY OF JANUARY201420TH POUSHA, 1935 Bail Appl..No. 100 of 2014 () ------------------------------ (CRIME NO. 2189/2013 OF KOTHAMANGALAM POLICE STATION , ERNAKULAM DISTRICT) APPLICANT/ACCUSED:- ---------------------------------- A.H. KOYAAN AGED58YEARS, S/O.HASSAN, AKADAYIL HOUSE, KOTHAMANGALAM VILLAGE, PUTHUPADI KARA, KOTHAMANGALAM TALUK. BY ADVS.SRI.VIPIN NARAYAN SRI.SIRAJ KAROLY RESPONDENT/COMPLAINANT:- -------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1001-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:- KKS THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.100 of 2014 -------------------------------------------- Dated this the 10th day of January 2014 ORDER
Petitioner is accused in Crime No.2189 of 2013 of the Kothamangalam Police station for the offences punishable under Sec.465, 468, 471 and 420 of the Indian Penal Code and Secs. 3 and 17 of the Money Lenders Act, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. Case is that on 18.11.2013 the Kothamangalam Police conducted search in the house of the petitioner and seized 10 signed blank cheques, 13 R.C. Books, 2 Sale Deeds, 2 Signed blank papers and 2 signed blank stamp papers. According to the Police, the petitioner is engaged in money lending without licence and the blank papers and cheques were kept in order to convert the same into documents creating liability.
3. Learned counsel submits that the allegations are not true. Petitioner is a gulf returnee who started a rent-a-car business. The Police had hired the car of the defacto complainant for official purposes but its charge Bail Appl. No.100 of 2014 2 was not paid. When the Police again contacted him to hire a car it was refused by the petitioner. Hence, the search.
4. Fact remains that the above said documents were seized from House No.23/309 said to be belonging to the petitioner, whatever be the reason which provoked the Police to conduct the raid. It appears from the report that Secs.465, 468, 471 and 420 of the Indian Penal Code are incorporated on the allegation that intention of the petitioner was to convert the blank cheques and papers into documents creating liability on various persons.
5. Learned counsel on getting instructions has submitted that no body owes any amount to the petitioner and that the documents seized were obtained in connection with rent a car business.
6. In view of the submission made by the learned counsel that no body owes any amount to the petitioner and having regard to the allegations which resulted in invoking Secs.465, 468, 471 and 420 of the Indian Penal Code, I am inclined to grant relief but Bail Appl. No.100 of 2014 3 without affecting the investigation of the case. The application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.2189 of 2013 of the Kothamangalam Police station on 16.01.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. Petitioner shall co-operate with investigation of the case and produce all relevant documents as may be relevant for investigation which are in control, custody and possession of the petitioner.
4. After interrogation, in case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day. Bail Appl. No.100 of 2014 4 5. On such production learned magistrate shall release the petitioner ( if not required to be detained otherwise) on bail on his executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: a) Petitioner shall report to the investigating officer on every Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier. b) Petitioner shall report to the investigating officer as and when required for interrogation. c) Petitioner shall not engage in money lending business without obtaining licence from the appropriate authority. d) Petitioner shall not get involved any offence during the period of this bail. Bail Appl. No.100 of 2014 5 e) Petitioner shall not influence or intimidate the witnesses. f) In case any of the above conditions is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH JUDGE /True Copy/ NS P.A. To Judge