IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 4369 of 2009() ----------------------------- CRIME NO.392/2009 OF KASABA POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- M.RADHAKRISHNAN, SON OF MANI, AGED 52 YEARS, SEETHA NIVAS, THENGA KOOTTIL HOUSE, EAST KOTTAPARAMBA, KASABA AMSOM, KARIYAKUNNU DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA SRI.ANEESH JOSEPH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4369 of 2009 --------------------------------------------- Dated this the 7th day of August, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.392 of 2009 of Kasaba Police Station, Kozhikode. 2. The offences alleged against the petitioner are under Sections 17 and 18A(6A) of the Kerala Money Lenders Act. 3. The prosecution case is that on 16.7.2009, the police party and the Sales Tax Department jointly conducted a search at the residence of the petitioner. They found blank stamp papers, blank signed cheques, note books, passports, account book etc. It is stated that on enquiry, they learnt that the petitioner is engaged in the business of money lending without having any valid licence. The documents were seized. The Inspecting Assistant Commissioner (Intelligence), Commercial Tax Department lodged a complaint to the Assistant Commissioner of Police, Kozhikode, which was forwarded to the Kasaba Police Station. Accordingly, the crime was registered. The petitioner apprehends arrest and therefore, he has moved BA No. 4369/2009 2 this application for anticipatory bail. 4. The petitioner has a different story to tell. According to him, there was an agreement for sale between himself and one Sundaran. The agreement was executed and an advance of Rs.15 lakhs was paid to Sundaran. Sundaran failed to perform his part of the contract. A lawyer notice was issued to Sundaram for executing the sale deed. Sundaran sent a reply stating that he had received only Rs.1 lakh as advance. The petitioner was about to proceed against Sundaran by way of a suit. A mediation followed and Sundaran gave some signed papers. At the time of search, those papers were seized. 5. It is not necessary to decide whether the case put forward by the petitioner is correct or not. It is submitted by the learned counsel for the petitioner that no person has filed any complaint before any authority stating that as a customer of the petitioner, he has sustained any loss on account of the money lending business as alleged by the prosecution. The counsel for the petitioner submitted that the petitioner is not conducting any money lending business and that the case is foisted against him. 6. Taking into account the facts and circumstances of the BA No. 4369/2009 3 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall 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 petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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 BA No. 4369/2009 4