Petitioner is accused in Crime No.404 of 2014 of the Payyoli Police Station for the offences punishable under Section 420 of the Indian Penal Code, Section 17 of the Kerala Money Lenders Act 1958, is in custody from 05.06.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application.
3. Learned counsel has requested for bail.
4. Allegation is that the de facto complainant borrowed certain amount from the petitioner in the year 2001 and inspite of paying a huge amount, documents collected were not returned. The petitioner is engaged in money lending business without licence.
5. Having heard both sides, I am inclined to think that further custody of the petitioner is not required. Hence I am inclined to grant relief to the petitioner but subject to conditions to prevent recurrence of such incidents in future.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.404 of 2014 of the Payyoli 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 jurisdictional 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 get engage in money lending business without licence.
(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).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge