Lissy, vs State of Kerala,

LISSY, vs State of Kerala,

Type Court Judgment Court Kerala Decided Sep 30, 2023

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https://sooperkanoon.com/case/1376164

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Citation: sooperkanoon.com/1376164
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Sep 30, 2023
Case Number: Bail Appl./6071/2023

Parties & Advocates

Appellant / Petitioner

LISSY,

Respondent

State of Kerala,

Excerpt

.....airport police station registered for offences under sections 420 of ipc read with section 3, 17 of kerala money lenders act, the accused has filed this petition seeking pre-arrest bail.2. the prosecution allegation is that on 20.09.2022, at2.22 p.m., the petitioner, with the intention to procure the property deed of the defacto complainant, handed over rs.15,00,000/- by accepting the property deed, stamp paper and bank cheques as security for payment of money. the petitioner has not returned the property deed even after paying rs.18,00,000/- and rs.3,00,000/- as interest by the defacto complainant. the petitioner has, therefore, committed the aforesaid offences.3. the learned counsel appearing for the petitioner and the learned public prosecutor were heard.4. taking into account the accusations levelled against thepetitioner under the provisions of the money lenders act, which calls for a proper investigation, i am of the view that the petitioner is not entitled to get anticipatory bail.5. therefore, the following directions are issued:-in the event the petitioner surrenders before the investigating officer in two weeks, he shall be interrogated and thereafter, shall be produced before the magistrate having jurisdiction on the date of surrender itself. if the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. if the petitioner does not surrender before the investigating officer, as directed above, the investigating officer will be free to arrest the petitioner as if noorder has been passed in this case.the bail application is disposed of as above. sd/- mohammed nias c.p smm judge appendix of bail appl. 6071/2023 petitioner annexures annexure i a true copy of the first information report in crime no. 395/2023 of nedumbassery airport police station, ernakulam district

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 BAIL APPL. NO. 6071 OF 2023 (CRIME NO.395 OF 2023 OF NEDUMBASSERY AIRPORT POLICE STATION) PETITIONER LISSY, AGED 64 YEARS W/O. YOHANNAN, VEMBASSERY HOUSE, AKAPARAMBU KARA, AKAPARAMBU, NEDUMBASSERY VILLAGE,ERNAKULAM DISTRICT, PIN - 683111 BY ADVS. N.K.SHYJU GIREESH PANKAJAKSHAN ANANYA M. VISHNU MOHAN RESPONDENTS 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: SR.PP-SRI.P.G.MANU(MAMALASSERY) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P, J.
--------------------------------------------- B.A. No.6071 of 2023 ------------------------------------------------------ Dated this the 30th day of September , 2023.

ORDER

Apprehending arrest in Crime No.395 of 2023 of Nedumbassery Airport police station registered for offences under Sections 420 of IPC read with Section 3, 17 of Kerala Money Lenders Act, the accused has filed this petition seeking pre-arrest bail.

2. The prosecution allegation is that on 20.09.2022, at

2.22 p.m., the petitioner, with the intention to procure the property deed of the defacto complainant, handed over Rs.15,00,000/- by accepting the property deed, stamp paper and bank cheques as security for payment of money. The petitioner has not returned the property deed even after paying Rs.18,00,000/- and Rs.3,00,000/- as interest by the defacto complainant. The petitioner has, therefore, committed the aforesaid offences.

3. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

4. Taking into account the accusations levelled against the

petitioner under the provisions of the Money Lenders Act, which calls for a proper investigation, I am of the view that the petitioner is not entitled to get anticipatory bail.

5. Therefore, the following directions are issued:-

In the event the petitioner surrenders before the Investigating Officer in two weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no

order has been passed in this case.

The bail application is disposed of as above. Sd/- MOHAMMED NIAS C.P smm JUDGE APPENDIX OF BAIL APPL. 6071/2023 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 395/2023 OF NEDUMBASSERY AIRPORT POLICE STATION, ERNAKULAM DISTRICT

Same Court & Year Kerala · 2023 Same Parties LISSY, vs State of Kerala, Same Judge Honourable Mr.Justice Mohammed Nias C.P.