Kerala High Court
Stanly Aged 53 Years vs State Of Kerala on 11 July, 2014
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
FRIDAY, THE 11TH DAY OF JULY 2014/20TH ASHADHA, 1936
Bail Appl..No. 5061 of 2014 ()
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CRIME NO. 306/2014 OF PUNALUR POLICE STATION , KOLLAM
PETITIONER(S)/1ST ACCUSED:
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STANLY AGED 53 YEARS
S/O.RAJAPPAN, PREETHIBHAVAN, THEVALAKKARA
PATHIRIKKAL, PATHANAPURAM.
BY ADVS.SRI.MANOJ RAMASWAMY
SMT.V.SREEJA
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SUB INSPECTOR OF POLICE
PUNALUR POLICE STATION, KOLLAM DISTRICT-691 305.
BY PUBLIC PROSECUTOR: ADV C RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-07-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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B.A.No.5061 of 2014
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Dated this the 11th day of July, 2014
O R D E R
Petitioner is accused in Crime No.306 of 2014 of the Punalur Police Station for the offences punishable under Secs.120B, 193, 250, 463, 468 and 471 r/w Sec.34 of the Indian Penal Code, Secs.3 and 4 r/w Sec.17 of the Kerala Money Lenders Act, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that in the search conducted in the premises of the petitioner on 04.07.2014, a diary referring to some money transaction was seized.
3. Learned counsel submits that the allegation is concerning the forgery of demand promissory notes based on which the petitioner has filed O.S.No.259 of 2012 in the Munsiff's Court, Punalur for recovery of money from the de facto complainant and that suit is pending.
4. Having regard to the relevant circumstances, I am satisfied that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions.
B.A.No.5061 of 2014 2
The application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.306 of 2014 of the Punalur Police Station on 17.07.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case the petitioner is arrested, he shall be released on bail by the arresting officer (if not required to be detained otherwise) on his executing bond for `20,000/- (Rupees Twenty Thousand Only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall not engage in money lending business without license from the appropriate authority.
(b) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(c) Petitioner shall not get involved in any offence during the period of this bail.
(d) Petitioner shall not B.A.No.5061 of 2014 3 intimidate or influence the witnesses.
(e) In case the petitioner violates any of condition Nos.(a) to
(d), it is open to the investigating officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P.JOSEPH, JUDGE.
Sbna True Copy P A to Judge