IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3868 of 2010() ----------------------------- CRIME NO.235/2010 OF MANIMALA POLICE STATION, KOTTAYAM. .................... (S): PETITIONER/ACCUSED: --------------------------------------- MUTHUSWAMY, AGED 38 YEARS, S/O.PALANISWAMY, RADHAVILASAM, CHATHEDRAL-12, NEAR MANORAMA, KOTTAYAM, KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBILC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, MANIMALA POLICE STATION, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3868 of 2010 ---------------------------------------------- Dated 1st July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 420 of the Indian Penal Code and Section 3 read with Section 17 of the Money Lenders Act. According to prosecution, petitioner is engaged in money lending without obtaining any licence and thereby cheating the public. 3. Learned counsel for petitioner submitted that petitioner is not involved in any offence, as alleged. He is not engaged in money lending and nobody has made any complaint to the police against petitioner. The Sub Inspector of Police has suo motu registered a crime, without getting any information from any person regarding the cheating or the allegations relating to the offences under the Money Lenders Act, against petitioner. The crime was registered as early as on 14.5.2010. 4. Learned Public Prosecutor submitted that as per the case diary, a letter was received from the Superintendent of Police, giving a list of persons, who are engaged in money lending without licence, within the limits of the police station. Petitioner's name is also in the list. Hence, on receiving the said letter, a BA NO. 3868/10 2 crime was registered against him. It is true that no person has complained that petitioner is engaged in money lending or that he had cheated any person, it is further submitted. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner and hence the following order is passed : (1) Petitioner shall surrender before the Magistrate Court within seven days from today. (2) On such surrender, petitioner shall be released on bail, on his executing a bond for Rs.10,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions : (i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with the investigation. (ii) Petitioner shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs