Petitioner is accused in Crime No.224 of 2014 of the Ambalathara Police Station for the offences punishable under Sections 17 and 18(A) of the Kerala Money Lenders Act, 1958, is in custody from 15.05.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that the Police searched house of the petitioner on 15.05.2014, seized several signed blank cheques, stamp papers, sale deeds etc. and Rs.1,50,000/- in cash. According to the learned Public Prosecutor, petitioner is engaged in money lending business without authority.
3. Learned counsel submits that the allegations are not true.
4. Having regard to the relevant circumstances, I am inclined to grant relief to the petitioner but subject to stringent conditions to prevent recurrence of such incidents in future and from a future date since investigation is not completed.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.224 of 2014 of the Ambalathara Police Station and shall be released on bail, (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the officer investigating the case on every alternate Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) Petitioner shall not engage in money lending business without permission from the appropriate authorities.
(ii) It is made clear that in case any of condition Nos. (b) to (f) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
(iii) Since investigation is not completed, this order granting bail will take effect only from 03.06.2014 .
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge