Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.817/2010 of the Kollam West Police Station, which is being presently investigated by the Crime Branch.
3. The allegation against the petitioner is that the defacto complainant had borrowed an amount of ₹2 lakhs from him and thereafter he repaid it with interest. It is alleged that by demanding unconscionable interest again, the petitioner along with his henchmen trespassed into the shop room of the defacto complainant, criminally intimidated him, and committed mischief. His arrest has been recorded on 09.10.2014.
4. Heard learned counsel for the petitioner and the learned Senior Public Prosecutor.
5. Even though the petitioner has been in custody for the period from 09.10.2014 onwards, final report has not been filed so far and therefore, the petitioner is entitled to compulsive bail under Section 167(2) Cr.P.C.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court below, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 1 a.m. on all Thursdays and Mondays commencing from 18.12.2014 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.
Sd/- B.KEMAL PASHA, JUDGE ul/-
[True copy] P.S. to Judge