T.Gangadharan vs State Of Kerala on 6 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5588 of 2009()


1. T.GANGADHARAN, S/O.BAPPU VAIDHIYAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.SUNIL NAIR PALAKKAT

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :06/10/2009

 O R D E R
                           K.T.SANKARAN, J.
              ------------------------------------------------------
                        B.A. NO. 5588 OF 2009
              ------------------------------------------------------
             Dated this the 6th day of October, 2009

                                 O R D E R

This is an application for anticipatory bail under Section 438 of

the Code of Criminal Procedure. The petitioner is the accused in

Crime No.262 of 2009 of Neeleswaram Police Station, Kasaragod

District.

2. The offences alleged against the petitioner are under

Sections 13, 17 and 18A of the Kerala Money Lenders Act.

3. It is submitted by the learned counsel for the petitioner that

the case was not registered and the raid was not conducted at the

instance of the authority under the Money Lenders Act, but directly

by the police. This is against the provisions of the Money Lenders

Act. It is also submitted by the learned counsel for the petitioner that

only two cheques and three stamp papers were found during the raid

in the house of the petitioner. The persons concerned, have filed

Annexures A1 and A2 affidavits explaining the position and

explaining as to how the cheques and stamp papers happened to be

in the possession of the petitioner. For the purpose of disposal of

B.A. NO. 5588 OF 2009

:: 2 ::

this Bail Application, it is not necessary to arrive at any conclusive

finding on the basis of Annexures A1 and A2 affidavits.

4. Taking into account the facts and circumstances of the

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.10,000/- with two solvent sureties for the like

amount to the satisfaction of the officer concerned, subject to the

following conditions:

a) The petitioner shall 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
ahz/