IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5590 of 2008(A) ------------------------------------- CRIME NO.820/2008 OF THE KUNNAMKULAM POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- DAVI, S/O.CHERUVATHOOR PAPPACHAN, KUNNUMKULAM VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.I. OF POLICE KUNNUMKULAM POLICE STATION PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5590 of 2008 ------------------------------------------------- Dated this the 26th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 3 and 17 of the Kerala Money Lenders Act, 1958. According to prosecution, on 3.8.2008, the Sub Inspector along with police party conducted a search into the house of the petitioner, on getting information that he is conducting money lending business without licence. On search, several documents were seized and a crime was registered under Sections 3 and 17 of the Kerala Money Lenders Act, 1958. 3. Learned counsel for the petitioner submitted that the police has no authority to conduct any search or register a case under the provisions of the Special Act. Only the Inspector or the licensing authority appointed under the Act alone can enter the premises of a money lender and inspect and initiate penal action. But, the police trespassed into petitioner's premises without an authority and hence, anticipatory bail may be granted. It is also submitted that this case is foisted against petitioner due to grudge of the police officer. BA No.5590/08 2 4. This petition is opposed. Learned public prosecutor submitted that offence under Section 17 of the Kerala Money Lenders Act is a cognizable offence as per Section 15 of the Act. Police can conduct search and arrest any person who is conducting money lending business, without a licence. As far as the Inspector or the licensee authority under the Special Act are concerned, they can inspect or initiate action in respect of licenced money lenders who are acting in breach of the licence etc. The contentions raised by the learned counsel for the petitioner are not sustainable, it is submitted. 5. On hearing both sides, I am satisfied that this is not a fit case to grant anticipatory bail. The incident occurred as early as on 3.8.2008 and the petitioner could not be arrested so far. The investigation is therefore at a stand still. Hence, petitioner shall surrender either before the Investigating Officer or the Magistrate Court concerned within seven days from today. With this direction, this petition is dismissed. K.HEMA, JUDGE csl