IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5588 of 2009 CRIME NO.262 OF 2009 OF NEELESWARAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- T.GANGADHARAN, S/O.BAPPU VAIDHIYAN, AGED 54, CHAYYOM, KIMANOOR VILLAGE, P.O.CHAYYOTH, KASARAGOD DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT: STATE & COMPLAINANT ---------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NEELESWARAM POLICE STATION, KASARAGOD. (THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5588 OF 2009 ------------------------------------------------------ Dated this the 6th day of October, 2009 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.262 of 2009 of Neeleswaram Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 13, 17 and 18A of the Kerala Money Lenders Act. 3. It is submitted by the learned counsel for the petitioner that the case was not registered and the raid was not conducted at the instance of the authority under the Money Lenders Act, but directly by the police. This is against the provisions of the Money Lenders Act. It is also submitted by the learned counsel for the petitioner that only two cheques and three stamp papers were found during the raid in the house of the petitioner. The persons concerned, have filed Annexures A1 and A2 affidavits explaining the position and explaining as to how the cheques and stamp papers happened to be in the possession of the petitioner. For the purpose of disposal of B.A. NO. 5588 OF 2009 :: 2 :: this Bail Application, it is not necessary to arrive at any conclusive finding on the basis of Annexures A1 and A2 affidavits. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.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; 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 ahz/