IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5350 of 2011() ----------------------------- CRIME NO.250/2011 OF KOLAVALLOOR POLICE STATION KANNUR DISTRICT PETITIONER : ACCUSED --------------------- SURENDRAN.M.P, S/O. PAITHAL NAIR, 52 YEARS, BUSINESS, MEETHALE PARAMBATH HOUSE, THRIPPANGOTTOOR AMSOM, CHETTAKKANDY, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.SHANAVAS NALAKATH RANDUPURAYIL SRI.ANIL.D.KAITHAKKAL SRI.K.RAJESH SUKUMARAN SRI.K.K.SUSHEER RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, (STATION HOUSE OFFICER, KOLAVELOOR POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5350 of 2011 ---------------------------------------------- Dated this the 21st day of July, 2011 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.250 of 2011 of Kolavalloor Police Station, Kannur District. 2. The offences alleged against the petitioner are under Section 420 of the Indian Penal Code and Sections 13, 17 and 18(1) of the Money Lenders Act. 3. The prosecution case is that on 17.6.2011, the Sub Inspector of Police, on getting prior information, searched the house of the accused and he found two blank cheques and two blank signed stamp papers worth Rupees Fifty each. It is alleged that the petitioner indulged in money lending activities without any registration. The petitioner apprehends arrest in connection with the crime. 4. When the Bail Application came up for admission on 11/07/2011, the following order was passed: “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the Bail Appln.No.5350/2011 : 2 : question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 18th July, 2011. 5. Post on 21st July, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.250 of 2011 of Kolavalloor Police Station, until further orders.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 11/07/2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 11/07/2011 has been complied with by the petitioner, 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 `10,000/-(Rupees Ten thousand only) with two solvent sureties for the like amount to the Bail Appln.No.5350/2011 : 3 : 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 skj