Kerala High Court
Benny vs State Of Kerala on 12 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945
BAIL APPL. NO. 8060 OF 2023
AGAINST THE ORDER/JUDGMENT CRMC 2390/2023 OF DISTRICT COURT &
SESSIONS COURT, ERNAKULAM
CRIME NO.359/2023 OF KODANAD POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED:
BENNY
AGED 55 YEARS, S/O.PAULOSE,
PALLIPADAN HOUSE, ALATTUCHIRA P.O.,
KATHIRIKKAD ROAD, KARGIL JUNCTION,
KODANAD VILLAGE,
KOOVAPADY PANCHAYATH, PERUMBAVOOR,
ERNAKULAM DISTRICT., PIN - 683544
BY ADV M.G.JEEVAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
SRI.P.G.MANU(MAMMALASSERIL) - SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.10.2023, ALONG WITH Bail Appl.NO.8458/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.8060 & 8458/2023
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945
BAIL APPL. NO. 8458 OF 2023
CRIME NO.379/2023 OF KODANAD POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED:
BENNY
AGED 55 YEARS, S/O.PAULOSE,
PALLIPADAN HOUSE, ALATTUCHIRA P.O.,
KATHIRIKKAD ROAD, KARGIL JUNCTION,
KODANAD VILLAGE,
KOOVAPADY PANCHAYATH, PERUMBAVOOR,
ERNAKULAM DISTRICT., PIN - 683544
BY ADVS.
M.G.JEEVAN
SANIYA JOSE MAMPILLY
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
SRI.P.G.MANU(MAMMALASSERIL) - SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12.10.2023, ALONG WITH Bail Appl..8060/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.8060 & 8458/2023
..3..
MOHAMMED NIAS C.P., J.
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B.A.No. 8060 & 8458/2023
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Dated this the 12th day of October, 2023
ORDER
These applications are filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail.
2. B.A.No.8060/2023. The petitioner is the sole accused in Crime No.359/2023 of Kodanad Police Station, Ernakulam District, for having allegedly committed offences punishable under Sections 17 of the Kerala Money Lenders Act, 1958 along with Sections 511 of 420, 511 of 465, 468 of the Indian Penal Code.
3. The prosecution case in brief is that the petitioner in this application without any valid licence for lending money under the Money Lending Act obtained blank cheques, blank stamp papers and blank promissory notes from various persons with a malafide intention to fabricate those documents as valid documents with an intention to deceive signatories therein for obtaining wrongful gain and thereby committed the offence.
4. B.A.No.8458/2023. The petitioner is the sole accused in B.A.Nos.8060 & 8458/2023 ..4..
Crime No.379/2023 of Kodanad Police Station, Ernakulam District, for having allegedly committed offences punishable under Sections 511, 420, 465, 468 of the Indian Penal Code along with Section 13 and 17 of the Kerala Money Lenders Act, 1958.
5. The prosecution case in brief is that the defacto complainant borrowed an amount of Rs.1,80,000/- from the petitioner. He repaid the amount with interest. Even after the repayment of the entire amount ,the petitioner did not return the documents obtained from the defacto complainant as security and also threatened him to kill and file case against him, and thereby committed the offence.
6. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.
7. The allegations against the petitioner are allegedly for committing offences under the Money Lenders Act. Though the learned counsel for the petitioner submits that the charge of forgery will not lie against the petitioner,I am not inclined to grant anticipatory bail as it might hamper a proper investigation. In such circumstances, the following directions are issued:-
In the event the petitioner surrenders before the Investigating B.A.Nos.8060 & 8458/2023 ..5..
Officer in two weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.
The bail application is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE APA