IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 1977 of 2010() ----------------------------- CRIME NO.583/2010 OF ERNAKULAM TOWN NORTH POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. MONCY SCARIA, S/O.SCARIA, KANATTU HOUSE, MALLIKASSERI P.O., POOVARANI, PALA, KOTTAYAM DISTRICT. 2. SHIJU ANDREWS, S/O.K.O.ANDREWS, KALATHALIL HOUSE, PEEDIKAPARAMBIL NAGAR, VADAKKANCHERRY, PALAKKAD DISTRICT. BY ADV. SRI.GIKKU JACOB RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1977 of 2010 --------------------------------------------- Dated this the 8th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.5 and 1 respectively in Crime No.583 of 2010 of Ernakulam Town North Police Station. 2. The offences alleged against the petitioners are under Sections 420 and 294(b) read with Section 34 of the Indian Penal Code and Sections 13 and 17 of the Kerala Money Lenders Act. 3. The case of the de facto complainant is that he borrowed money from the first accused and certain other persons. His case is that though he repaid the amount, still the accused persons are claiming further amounts. According to the de facto complainant, this amounts to cheating. Violation of the provisions of the Kerala Money Lenders Act was also alleged. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. 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 petitioners. BA No.1977/2010 2 There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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