Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE1T DAYOF JULY201410TH ASHADHA, 1936 Bail Appl..No. 4696 of 2014 () ------------------------------- CRIME NO. 447/2014 OF THAMARASSERY POLICE STATION, KOZHIKODE DIST. ...... PETITIONER/ACCUSED NO.2: ------------------------------------------- BENCY JOHN, AGED29YEARS, D/O. JOHN, ATHIRAKULANGARA HOUSE, THACHINGANADAM. P.O., PATTIKKAD, MALAPPURAM. BY ADVS.SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN. RESPONDENTS/STATE: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. (CRIME NO. 447/2014 OF THAMARASSERY POLICE STATION, KOZHIKODE DISTRICT).
2. STATION HOUSE OFFICER, THAMARASSERY POLICE STATION, KOZHIKODE DISTRICT-673 573. (CRIME NO. 447/2014 OF THAMARASSERY POLICE STATION, KOZHIKODE DISTRICT. BY PUBLIC PROSECUTOR MR.C. RASHEED. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0107-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOMAS P. JOSEPH, J --------------------------------------- B.A.No.4696 of 2014 ---------------------------------------- Dated this the 1st day of July, 2014 ORDER
Petitioner is the second accused in Crime No.447 of 2014 of the Thamarassery Police Station for the offences punishable under Section 420 of the Indian Penal Code, Sections 3, 4 and 17 of the Kerala Money Lenders Act, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that father-in-law of the petitioner lent Rs.2,00,000/- to the de facto complainant and got a sale deed in respect of the property executed in the name of the petitioner as security on condition that the property would be reconveyed on re-payment of the amount. But in spite of paying Rs.2,65,000/-, the property is not re-conveyed to the de facto complainant.
3. Learned counsel submits that the petitioner has no role in the alleged incident. Father-in-law has got the sale deed executed in the name of the petitioner. He is arrayed as the first accused and was arrested. Learned counsel submitted that the petitioner has recently delivered a child. B.A.No.4696 of 2014 2 4. On hearing both sides, I am satisfied that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions. Application is allowed as under: (i) Petitioner shall surrender before the officer investigating Crime No.447 of 2014 of the Thamarassery Police Station on 15.07.2014 at 10 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 at reasonable time and place as may be specified by him which the petitioner shall comply. (iii) In case arrest of the petitioner is recorded, she shall be released by the arresting officer (if not required to be detained otherwise) on her executing bond for 20,000/- (Rupees twenty 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 relative of the petitioner. (b) Petitioner shall report to the investigating officer as and when required for interrogation at all reasonable time and place. B.A.No.4696 of 2014 3 (c) Petitioner shall not get involved in any offence during the period of this bail. (d) Petitioner shall not intimidate or influence the witnesses. (e) Petitioner shall not engage in money lending business without licence from the appropriate authorities. (iv) In case the petitioner violates any of condition Nos. (b) to (e), it is open to the investigating officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC100. Sd/- THOMAS P. JOSEPH, JUDGE. AS /True Copy/ P.A. to Judge