IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE9H DAYOF JANUARY201419TH POUSHA, 1935 Bail Appl..No. 71 of 2014 ----------------------------- CRIME NO. 897/2013 OF CHALISSERRY POLICE STATION , PALAKKAD DISTRICT ...... PETITIONER:ACCUSED: ------------------------------------------ SUBAIDA, AGED39YEARS, W/O.MOIDUNNI, PARAKKAL, CHAZHIYATTIRI PO, THIRUMITTACODE-II, CHALIYATTIRI, PALAKKAD679535. BY ADV. SRI.K.A.MANZOOR ALI RESPONDENT(S)/STATE & COMPLAINANT: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM682031.
2. THE SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION, PALAKKAD DISTRICT, 679 535. R1 & R2 BY PUBLIC PROSECUTOR SRI.ABDUL KHADER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0901-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.71 of 2014 -------------------------------------------- Dated this the 9th day of January 2014 ORDER
Petitioner is accused in Crime No.897 of 2013 of the Chalisserry Police station for the offences punishable under Sec.3 read with Sec.17 of the Kerala Money Lenders Act, apprehends arrest and has filed the application.
2. Case is that the Police searched the house of the petitioner and seized five signed blank cheque leaves.
3. Learned Public Prosecutor has opposed the application.
4. Learned counsel submits that the husband of the petitioner died recently. Petitioner and others are residing in the house. The petitioner has nothing to do with the signed blank cheques seized. Nobody owes any amount to the petitioner. Petitioner does not intend to make use of any of the five signed blank cheques.
5. In the light of the above submission of the learned counsel, I am inclined to think that custodial interrogation of the petitioner is not required. Hence, I Bail Appl. No.71 of 2014 2 am inclined to grant relief to the petitioner but subject to conditions. Resultantly, the application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.897 of 2013 of the Chalisserry 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. In case after interrogation the petitioner is arrested, she shall be released by the arresting officer (if not required to be detained otherwise) on her executing bond for Rs.15,000/- (Rupees fifteen thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions: a) One of the sureties shall be a close Bail Appl. No.71 of 2014 3 relative of the petitioner. b) Petitioner shall report to the investigating officer as and when required for interrogation at all reasonable time and place. c) Petitioner shall not engage in money lending without obtaining licence from the appropriate authority. d) Petitioner shall not intimidate or influence the witnesses. e) Petitioner shall not get involved any offence during the period of this bail. f) In case any of the above condition is violated, it is open to the investigating officer to file application before the jurisdictional magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH JUDGE NS