~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the 1st accused in Crime No.834/2014 of Perunadu Police Station registered for the offences punishable under Section 506(i) read with Section 34 IPC, Sections 4 and 17 of the Kerala Money Lenders Act, 1958 and Sections 4 and 9 of the Prohibition of Charging Exorbitant Interest Act, 2012.
3. It is alleged that the de facto complainant had borrowed an amount of ₹1,60,000/- from the 1st accused on interest and further, borrowed an amount of ₹40,000/- from the 2nd accused on interest. As the amounts were not repaid, A2 and A3 had reached the hotel being run by the de facto complainant and demanded the amount. It is alleged that they had threatened and intimidated the de facto complainant by demanding repayment with exorbitant interest.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. There is no allegation that the present petitioner has in any way intimidated or threatened the de facto complainant. Even according to the investigating officer, the de facto complainant was allegedly threatened by A2 and A3. The 2nd accused has already been arrested in the matter. An amount of ₹1,60,000/- borrowed by the de facto complainant from the petitioner has not been repaid. Considering the facts and circumstances of the case, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
6. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 12.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
aks/09/12 Sd/-
(B.KEMAL PASHA, JUDGE) // True Copy // PA to Judge