Application filed under Section 438 of the Code of Criminal Procedure.
2. According to the petitioner, he apprehending arrest in connection with Crime No.209 of 2014 of the Panniyankara Police Station registered for the offence punishable under Section 420 of the Indian Penal Code and Sections 3 r/w Section 17 and 18A of the Kerala Money Lenders Act, 1958.
3. The allegation against the petitioner is that two blank singed cheque leaves and two blank signed stamp papers were seized from the house of the petitioner. According to the Police, the petitioner is a money lender without any licence.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. Learned counsel for the petitioner has pointed out that the person who had issued the said signed cheque leaves and the signed blank stamp paper has filed an affidavit stating that those documents were issued by him for some other purpose and not in connection with money lending. The learned counsel for the petitioner submits that no amounts are due to the petitioner from the said persons who had issued the blank singed cheque leaves and blank signed stamp paper, and he undertakes that the petitioner will not make use of those documents for any purpose at all.
6. Considering the facts and circumstances of the case and in the absence of any criminal antecedents on his part, I am of the view that anticipatory bail can be granted to the petitioner.
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 Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each 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 09.00 a.m. and 11.00 a.m. on all Monday and Friday commencing from 24.10.2014 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.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge