IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 5961 of 2011() ----------------------------- CRMP.2302/2011 of DISTRICT COURT, KOTTAYAM CRIME NO.556/2011 OF PALA POLICE STATION .................... PETITIONER :ACCUSED -------------------- GIGI KURUVILA,AGED 45 YEARS, S/O.LATE KURUVILA,ILLIMOOTTIL HOUSE, KIZHATHADIYOOR KARA,LALAM VILLAGE,PALA-686575. BY ADV. SRI.RAJU JOSEPH, SENIOR ADVOCATE SRI.GEORGE KUTTY MATHEW SRI.C.N.MIDHUN RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. C.I.OF POLICE, PALA, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5961 of 2011 ---------------------------------------------- Dated this the 05th day of August, 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.556 of 2011 of Pala Police Station. 2. The offences alleged against the petitioner are under Sections 420 of the Indian Penal Code and 17 of the Kerala Money Lenders Act. 3. When the Bail Application came up for admission on 27/07/2011, the following order was passed: “3. The case was registered suo moto by the Circle Inspector of Police, Pala. On inspection of the residence of the petitioner, it is alleged that 2 filled up cheques, 18 blank cheques, 4 stamp papers, some signed blank papers and a Tata Sumo vehicle of a stranger were seized. The Investigating Officer came to the conclusion that the petitioner was indulging in money lending business without getting any registration and he has committed the offence under Section 420 I.P.C. 4. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the Bail Appln.No.5961/2011 : 2 : investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 02/08/2011 and 03/08/2011. 5. Post on 05/08/2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.556 of 2011 of Pala Police Station, till 09/08/2011.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 27/07/2011 has been complied with by the petitioner. 5. 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 27/07/2011 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 satisfaction of the officer concerned, subject to the following conditions: Bail Appln.No.5961/2011 : 3 : a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge