IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 289 of 2009()
1. K.R.VENUGOPAL, AGED 38 YEARS,
... Petitioner
Vs
1. STAE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI. K.SHAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :17/02/2009
O R D E R
K.HEMA, J.
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B.A. No.289 OF 2009
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Dated this the 17th day of February, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 420 I.P.C.
According to prosecution, during 2001 to 2006, an amount of
Rs.9Lakhs were received from the defacto complainant
promising that interest at the rate between 18% and 21% will
be paid on the amount. Neither the amount nor the interest
was paid and hence, the complaint.
3. Learned counsel for petitioner submitted that
petitioner has not committed any offence. He is a money
lender by profession and due to financial stringency, he could
not repay the amount in full. No offence under Section 420
I.P.C. is made out on the allegations made. It is also submitted
that petitioner has a settlement with the defacto complainant
and Rs.1,50,000/- was returned. Petitioner is prepared to raise
the amount and pay the entire money due. Therefore,
anticipatory bail may be granted, it is submitted.
4. Learned Public Prosecutor submitted that Rs.1.5 Lakhs
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2
are already paid and there was an agreement to pay the
balance. But petitioner has not complied with the terms of
agreement. Therefore, this petition is opposed.
On hearing both sides, considering the serious nature of
the allegations made, I do not think that it is fit to grant
anticipatory bail to petitioner. However, petitioner is at liberty
to surrender before the Magistrate court concerned and seek
bail under Section 437 Cr.P.C. It is made clear that the
consideration for grant of bail under Section 437 Cr.P.C. are
different from consideration for granting anticipatory bail
under Section 438 Cr.P.C. The rejection of anticipatory bail
may not be a ground to refuse bail under Section 437 Cr.P.C.
Learned Magistrate will consider the various facts and dispose
of the bail application if any filed, untrammelled by any of the
observations if any made, on merit in this case. Petitioner is
bound to surrender to law.
Hence, the following order is passed :-
i) Petitioner shall surrender before the
investigating officer or before the Magistrate
court concerned without any delay and
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3
co-operate with the investigation. Whether he
surrenders or not, police is at liberty to arrest
him and proceed in accordance with law.
ii) No further application for anticipatory bail by
petitioner in this crime will be entertained by
this court.
The petition is dismissed.
K.HEMA, JUDGE
pac