IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3376 of 2010()
1. VIJIL, S/O.JOSEPH
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.M.G.KARTHIKEYAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/06/2010
O R D E R
K.HEMA, J
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B.A No. 3376 OF 2010
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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