Kerala High Court
A.M Gopalan vs State Of Kerala on 3 September, 2014
Author: K. Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 3RD DAY OF SEPTEMBER 2014/12TH BHADRA, 1936
Bail Appl..No. 6594 of 2014
--------------------------------------
CRIME NO. 1157/2014 OF KOTHAMANGALAM POLICE STATION ,
ERNAKULAM DISTRICT
--------------
PETITIONER / ACCUSED :
--------------------------------------
A.M GOPALAN, AGED 69 YEARS,
CHAIRMAN AND MANAGING DIRECTOR,
SREE GOKULAM CHITS AND FINANCE, BRANCH OFFICE,
KOTHAMANGALAM, ERNAKULAM DISTRICT.
BY ADVS.SRI.MILLU DANDAPANI
SRI.PREMCHAND R.NAIR
RESPONDENT / STATE :
----------------------------------------
STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR OF POLICE,
KOTHAMANGALAM POLICE STATION,
REPRESENTED THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 03-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K. ABRAHAM MATHEW, J.
------------------------------------------
B.A. No. 6594 of 2014
------------------------------------------
Dated this the 3rd day of September, 2014
O R D E R
Petition filed under Section 438 Cr.P.C.
2. The petitioner is the accused in Crime No. 1157/2014 of Kothamangalam Police Station, which has been registered for the offences under sections 420, 468 and 471 IPC and section 17 of Money Lenders Act.
3. The allegation is that he is conducting money lending business without license and he has committed forgery and cheating.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The petitioner is the Chairman and Managing Director of a Company which is conducting chitty business.
6. The learned Public Prosecutor submits that in a raid conducted by the Police, one signed blank cheque, B.A. No. 6594 of 2014 -2- photocopies of six sale deeds, three tax receipts, three possession certificates and fourteen promissory notes were seized.
7. But the fact that he is conducting chitty business cannot be ignored. The mere fact that these documents were seized may not indicate that he is doing money lending business. Having regard to these facts, I am inclined to grant his prayer.
In the result, this application is allowed.
1. The petitioner shall be released on bail after interrogation on his executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) if he is arrested by the police in connection with this case.
2. He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.
3. He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
B.A. No. 6594 of 2014 -3-
4. He shall not commit any offence while he is on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
K. ABRAHAM MATHEW, JUDGE //True Copy// P.A. to Judge jjj