IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Bail Appl..No. 3708 of 2010() ----------------------------- CRIME NO.583/10 OF ERNAKULAM TOWN NORTH POLICE STATION (S): PETITIONER/2N ACCUSED ----------------------------------------- K.A.SALIM, AGED 50 YEARS, S/O.MR.E.K.AMMUNNY, KARIMBIL HOUSE, ASHOKA ROAD, KALOOR, ERNAKULAM DISTRICT- 682017. BY ADV. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3708 of 2010 ---------------------------------------------- Dated 22nd June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420, 294 (b) and 506(i) read with Section 34 of the Indian Penal Code and Sections 13 and 17 of the Kerala Money Lenders Act. According to prosecution, petitioner (A2) along with other accused are conducting money lending business without licence, on exorbitant interest and in furtherance of common intention, they cheated defacto complainant by demanding more money, even though defacto complainant paid off the entire money, which is borrowed by him. They also threatened defacto complainant by engaging goondas to compel payment of more money. They also abused defacto complainant in filthy language in public. 3. Learned counsel for petitioner submitted that petitioner is not conducting money lending business. He is innocent of the allegations made. First and second accused in this case are granted bail by this Court. Hence, anticipatory bail may be granted, it is submitted. BA NO.3708/10 2 4. This petition is opposed. Learned Public Prosecutor submitted that on getting information, police conducted a search in the business premises of accused and recovered Rs.84,000/- and various other documents. On investigation, it is revealed that accused are engaged in money lending business without licence. 5. On hearing both sides and considering the serious nature of the allegations made, I am not inclined to grant anticipatory bail. Petitioner has not made out any exceptional circumstance to grant anticipatory bail. The mere fact that co- accused are granted bail is not a ground to grant anticipatory bail. There is only a bare denial of the allegations made against petitioner. Petition is dismissed. K.HEMA, JUDGE. tgs