IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Crl.MC.No. 4151 of 2011(B) ------------------------ AGAINST THE JUDGEMENT/ORDER IN BA.8692/2011 Dated 15/11/2011 .................... PETITIONER(S): ACCUSED NO.1 ---------------------------------------------- PONNUSWAMY, S/O.PERIYASWAMY, PADINJAREKKARA HOUSE, KADATHI KARA, MOOVATTUPUZHA. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): STATE & COMPLAINANT -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ADIMALY POLICE STATION, ADIMALY, IDUKKI DISTRICT-685561. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4151 of 2011(B) APPENDIX: PETITIONER'S ANNEXURES: ANNEXURE A1: TURE COPY OF THE SEIZURE MAHAZAR. ANNEXURE A2: TRUE COPY OF THE FIR No.988/11 DATED 26.9.2011 OF ADIMALY POLICE STATION. ANNEXURE A3: TRUE COPY OF THE PARTNERSHIP DEED DATED 1.7.2010. ANNEXURE A4: TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 21.10.2010. ANNEXURE A5: TRUE COPY OF THE RECEIPT FOR HAVING RENEWED THE LICENSE. ANNEXURE A6: TRUE COPY OF THE IDENTITY CARD. ANNEXURE A7: TRUE COPY OF THE RATION CARD. ANNEXURE A8: TRUE COPY OF THE LAND TAX ARECEIPT No.4379029 DATED 18.4.2011. ANNEXURE A9: TRUE COPY OF THE BUILDING TAX RECEIPT No.21153 DATED 8.4.2011 ANNEXURE A10: TRUE COPY OF THE FURTHER REPORT DATED 27.9.2011. ANNEXURE A11: TRUE COPY OF THE ORDER DATED 15.11.2011 PASSED BY THIS HON'BLE COURT IN BA No.8692/2011. RESPONDNTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE. P.S. GOPINATHAN,J. --------------------------------------- Crl.M.C.. No. 4151 of 2011 ---------------------------------------- Dated this the 9th day of December, 2011 ORDER In this petition under Section 482 of Code of Criminal Procedure, inter alia the petitioner seeks an order to set aside or cancel the proceeding initiated against the petitioner under Section 17 of the Kerala Money Lenders Act by arraying him as 1st accused in Crime No.988/2011 of Adimaly Police Station and issue a direction to the Judicial Magistrate of the First Class, Adimaly to consider his bail application on the date of surrender. 2. Learned Govt. Pleader would submit that the petitioner had been levying exorbitant rate of interest and that prima facie there are materials to proceed with the investigation against the petitioner. 3. Learned counsel for the petitioner would submit that no material is made out against the petitioner even by the allegations and that this petition may be disposed of with liberty to the petitioner to apply for discharge under Section 239 of Crl.M.C. No. 4151 OF 2011 -2- Cr.P.C. and that the petitioner is prepared to surrender before the Investigating Officer. The learned counsel for the petitioner also submits that the other accused were granted regular bail. 3. In the light of the submission made by the learned counsel for the petitioner, this petition is disposed of with liberty to the petitioner to apply for discharge under Section 239 of Cr.P.C. in the event a final report is filed against the petitioner. The petitioner is further directed to surrender before the Investigating Officer or before the trial court. In the event the petitioner proposes to surrender before the Investigating Officer, after interrogation the petitioner shall be produced before the trial court so as to enable him to apply for bail. In either case, the learned Magistrate shall dispose of the bail application on merits, preferably on the same day provided due notice is given to the Assistant Public Prosecutor. P.S. GOPINATHAN, JUDGE. Kp/-