Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 24TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944 BAIL APPL. NO. 2980 OF 2022 CRIME NO.255 OF 2022 OF GURUVAYOOR POLICE STATION, THRISSUR PETITIONER/ACCUSED: MONISH,AGED 42 YEARS POLIYATH HOUSE, PERAKAM. P.O, CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA RESPONDENT/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER GURUVAYOOR POLICE STATION, THRISSUR., PIN - 680101 OTHER PRESENT: SRI. NOUSHAD ,K.A. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.2980/2022 2
ORDER
This is an application for anticipatory bail.
2. The petitioner is the accused in Crime No.255/2022 of Guruvayoor Police Station, Thrissur District,alleging commission of offences under Sections 3, 17 and 18A of the Kerala Money Lenders Act.
3. The prosecution allegation is that the petitioner was conducting
illegal money lending business without any licence. It is alleged that a search of the house of the petitioner on 25.3.2022 resulted in the recovery of certain blank papers, blank cheques and papers affixed with revenue stamps which clearly indicated that the petitioner had indulged in illegal money lending business.
4. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been
implicated on account of some political rivalry. It is submitted that the petitioner had no occasion whatsoever to engage in the business of lending money. It is submitted that the petitioner may be directed to be released on bail considering the facts and circumstances as above.
5. The learned Public Prosecutor opposes the grant of bail. The
circumstances of the case appearing against the petitioner are referred to show that there is clear evidence collected by the Police to show that the petitioner had engaged in illegal money lending business. It is submitted that the petitioner is, therefore, not entitled to anticipatory bail. B.A.No.2980/2022 3
6. Having heard the learned counsel for the petitioner and the learned
Public Prosecutor and considering the facts and circumstances of the case, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions. I take note of the fact that no criminal antecedents are reported against the petitioner and the allegations pertain to the holding of certain blank stamp papers, blank cheques etc., belonging to the third parties.
7. Having regard to the facts and circumstances of the case and
considering the nature of the allegations and taking into account the fact that the petitioner has no criminal antecedents, I am of the view that the petitioner can be granted anticipatory bail subject to conditions.
8. In the result, this bail application is allowed. It is directed that
petitioner shall be released on bail, in the event of arrest in connection with Crime No. 255/2022 of Guruvayoor Police Station subject to the following conditions:-
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;
(ii) The petitioner shall appear before the investigating officer in Crime No. 255/2022 of Guruvayoor Police Station at 11 a.m. on 30.5.2002 and on 31.5.2022 and thereafter whenever called upon to do so;
(iii) The petitioner shall not involve in any other crime while on bail. B.A.No.2980/2022 4 If any of the aforesaid conditions are violated, the investigating officer in Crime No.255/2022 of Guruvayoor Police Station may file an application before the jurisdictional Court, for cancellation of bail. sd/- GOPINATH P. JUDGE acd