Petitioner is the first accused in Crime No.406 of 2014 of the Payyoli Police Station for the offences punishable under Secs.420 and 384 of the Indian Penal Code, Sec.17 of the Kerala Money Lenders Act, is in custody from 05.06.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioner is engaged in money lending business without license, lent certain amount to the de facto complainant and in spite of returning a huge amount, did not re- convey the property to the de facto complainant. Instead, the property was conveyed to the second accused.
3. Learned counsel requested for bail.
4. Since the petitioner is in custody from 05.06.2014 and further detention is not required, I am inclined to grant bail to the petitioner but subject to conditions to prevent recurrence of such incidents in future.
Resultantly this application is allowed as under:
(i) Petitioner is granted bail in Crime No.406 of 2014 of the Payyoli Police Station and shall be released, if not required to be detained B.A.No.4260 of 2014 2 otherwise on his executing bond for `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 not engage in money lending without obtaining license from the appropriate authority.
(c) Petitioner shall report to the Investigating Officer as and when directed for interrogation.
(d) Petitioner shall not, during the period of this bail get involved in any offence.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case of violation of any of condition Nos.(b) to (e), bail granted hereby is liable to be cancelled by moving application before the learned magistrate as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge