IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5513 of 2011() ----------------------------- CRIME NO.647/2011 OF GURUVAYUR POLICE STATION .................... APPLICANT/ACCUSED: --------------------------- A.S.NIVAS @ BABU A.S., S/O.SUBRAMANIAN, ARIKARA HOUSE, VAKA, THRISSUR DISTRICT, KERALA STATE. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN SMT.P.MAYA RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. REPRESENTING THROUGH THE SI OF POLICE,GURUVAYUR POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5513 of 2011 --------------------------- Dated this the 22nd day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.647 of 2011 of Guruvayur Police Station. 2. The offences alleged against the petitioner are under Sections 13 & 17 of the Money Lenders Act. 3. When the Bail Application came up for admission on 13.7.2011, the following order was passed : “3. The de facto complainant filed a petition before the Dy.S.P., Kunnamkulam stating that he had taken a loan of ` 9,00,000/- from the accused and in spite of the repayment by him, the accused demanded more money. It was alleged that the petitioner was indulged in money lending BA 5513/2011 2 business without any valid licence. 4. The petitioner relies on Annexure B licence issued by the competent authority which was sought to be renewed by filing an application dated 28.4.2011 after remitting the necessary fee. The learned counsel for the petitioner submitted that the licence was subsequently renewed. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 19th July, 2011. 6. Post on 22nd July, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.647 of 2011 of Guruvayoor Police Station, till 22nd July, 2011. The petitioner shall produce a copy of this order before the investigating officer.” BA 5513/2011 3 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 13.7.2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 13.7.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) The petitioner shall appear before the investigating officer for interrogation as and when required . B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. BA 5513/2011 4 C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN JUDGE csl