Suresh Vs. State of Kerala

Suresh vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 11, 2014

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https://sooperkanoon.com/case/1156280

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Citation: sooperkanoon.com/1156280
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Abraham Mathew
Decided On: Jul 11, 2014
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Suresh

Respondent

State of Kerala

Excerpt

.....giving signed blank cheques and other papers as security. though she repaid the amount, the petitioner refused to give back the cheque leaves and other documents demanding more amount. it is further alleged that the petitioner and co-accused seized a vehicle belonging to the members of the first informant's family.3. heard the learned counsel for the petitioner and b.a. no.5093 of 2014 -2- the learned public prosecutor.4. it is submitted that on the basis of the transaction alleged in the first information statement, the petitioner has filed a suit. in a raid conducted by the investigating officer no incriminating materials could be seized. having regard to these facts, i am inclined to grant the prayer of the petitioner. in the result, this application is allowed. 1) the petitioner shall be released on bail on his executing a bond for rs.25,000/- (rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the police in connection with this case. 2) he shall appear before the investigating officer for interrogation if he is so required by him in writing. 3) he shall not threaten or attempt to influence the first informant; nor shall he commit any economic offence, while he is on bail; nor shall he destroy or attempt to destroy the evidence or interfere with the b.a. no.5093 of 2014 -3- investigation. 4) if the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law. sd/- k. abraham mathew judge //true copy// p.a. to judge shg/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE11H DAY OF JULY201420TH ASHADHA, 1936 Bail Appl..No. 5093 of 2014 (B) ------------------------------------------ [CRIME NO. 1150/2014 OF NORTH PARAVUR POLICE STATION , ERNAKULAM DISTRICT] ............. PETITIONER/ACCUSED: ---------------------------------- SURESH, AGED48YEARS, S/O. KESU, NELLATTU, KAITHARAM, NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADVS.SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN. RESPONDENTS/STATE: --------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031, [CRIME NO. 1150/2014 OF NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT] 2. STATION HOUSE OFFICER, NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT - 683 513, (CRIME NO. 1150/2014 OF NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT). BY PUBLIC PROSECUTOR SRI. C. RASHEED. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1107-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.5093 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2014 ORDER

Petition filed under Section 438 Cr.P.C. The petitioner is the accused in crime No.1150/2014 of North Paravur Police Station which has been registered for the offences under Sections 403, 420, 506 (i) IPC and Section 17 of the Kerala Money Lenders Act.

2. It is alleged by the prosecution that the petitioner is conducting money lending business without a licence or authority. According to the first informant, in 2011 she borrowed Rs.1,00,000/- from the petitioner giving signed blank cheques and other papers as security. Though she repaid the amount, the petitioner refused to give back the cheque leaves and other documents demanding more amount. It is further alleged that the petitioner and co-accused seized a vehicle belonging to the members of the first informant's family.

3. Heard the learned counsel for the petitioner and B.A. No.5093 of 2014 -2- the learned Public Prosecutor.

4. It is submitted that on the basis of the transaction alleged in the First Information Statement, the petitioner has filed a suit. In a raid conducted by the investigating officer no incriminating materials could be seized. Having regard to these facts, I am inclined to grant the prayer of the petitioner. In the result, this application is allowed. 1) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case. 2) He shall appear before the Investigating Officer for interrogation if he is so required by him in writing. 3) He shall not threaten or attempt to influence the first informant; nor shall he commit any economic offence, while he is on bail; nor shall he destroy or attempt to destroy the evidence or interfere with the B.A. No.5093 of 2014 -3- investigation. 4) If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/

Same Court & Year Kerala · 2014 Same Parties Suresh vs State of Kerala Same Subject Criminal Same Judge Honourable Mr. Justice K.Abraham Mathew