George Joseph Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH FRIDAY, THE20H DAY OF JUNE201430TH JYAISHTA, 1936 Bail Appl..No. 4182 of 2014 () ------------------------------- CRIME NO. 290/2014 OF KALLOORKADU POLICE STATION , ERNAKULAM PETITIONER(S)/ACCUSED: ---------------------- GEORGE JOSEPH AGED68YEARS S/O.JOSEPH, NILLANAL HOUSE, KAVAKADU ENNANELORE, ERNAKULAM. BY ADVS.SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENT: ---------- THE STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR: ADV C RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2006-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.

========================= B.A.No.4182 of 2014 ============================ Dated this the 20th day of June, 2014 ORDER

Petitioner is accused in Crime No.290 of 2014 of the Kalloorkad Police Station for the offences punishable under Sec.420 of the Indian Penal Code and Secs.3 and 17 of the Kerala Money Lenders Act, apprehends arrest and has filed this application.

2. Learned Public Prosecutor has opposed the application. It is submitted that on getting information about the petitioner engaged in money lending business without authority, the police searched premises of the petitioner on 14.05.2014, seized `39,880/-, 22 fixed deposit receipts, 6 original sale deeds, 8 signed blank stamp papers and copy of 3 sale deeds etc.

3. Learned counsel submits that the petitioner is not engaged in money lending business. It is submitted that sale deeds relate to the properties of the petitioner and his relatives. The fixed deposit receipts stand in the name of petitioner, his wife and son. Learned counsel has also submitted that the signed blank stamp papers are of the year 1992, 1993 and 1994 respectively which are of no use now. B.A.No.4182 of 2014 2 4. Having regard to the relevant circumstances, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions. The application is allowed as under: (i) Petitioner shall surrender before the officer investigating Crime No.290 of 2014 of the Kalloorkad Police Station on 27.06.2014 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 and time as may be specified by him which the petitioner shall comply. (iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day. (iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for `20,000/- (Rupees Twenty Thousand Only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: (a) Petitioner shall not engage in money lending business without license from the appropriate authority. (b) Petitioner shall report to the Investigating Officer as and when B.A.No.4182 of 2014 3 required for interrogation. (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) In case the petitioner violates any of condition Nos.(a) to (d), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR2006SC100. Sd/- THOMAS P.JOSEPH, JUDGE. Sbna True Copy P A to Judge