IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Bail Appl..No. 3376 of 2010() ----------------------------- (CRIME NO.235/2010 OF PIRAVOM POLICE STATION, ERNAKULAM DISTRICT) PETITIONER --------------------- VIJIL, S/O.JOSEPH AGED 32 YEARS, MANAKKAD HOUSE PIRAVAM KARA, PIRAVAM VILLAGE,ERNKULAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, PIRAVAM POLICE STATION ERNAKULAM DISTRICT, REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No. 3376 OF 2010 -------------------------------- Dated this the 10th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Section 17 of the Kerala Money Lenders Act and Section 420 IPC. According to prosecution, petitioner was running money lending business without obtaining license and that he has cheated several persons and committed the above offences. 3. Learned counsel for petitioner submitted that petitioner is totally innocent of the allegations made. Petitioner is doing real estate business and used to have money transaction in connection with the same. While giving advance, he used to take cheque as security. No person has given any complaint before police alleging that he or she was cheated by petitioner in any manner. Crime is registered suo-motu by Circle Inspector of police. Prosecution has no case that petitioner is running any business is running in any office or building. 4. Learned Public Prosecutor submitted that crime is registered suo-motu by Circle Inspector of police. As per the statements in Case Diary, cheques were issued by certain persons involved in real estate business. Hence, this petition is not opposed. B.A No. 3376 OF 2010 2 5. On hearing both sides, considering the peculiar facts and circumstances of the case, I am satisfied that anticipatory bail can be granted on conditions. Hence, the following order is passed. (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today. (2) On such surrender, petitioner shall be released on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) each 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 investigation. (ii) Petitioner shall not influence or intimidate any witnesses or tamper with any evidence. Petition is allowed. K.HEMA JUDGE vdv