Petitioner is the second accused in Crime No.160 of 2014 of the Thiruvambady Police Station for the offences punishable under Sections 420 and 384 of the Indian Penal Code, Sections 17 & 18 of the Kerala Money Lenders Act, is in custody from 21.05.2014 and seeks bail. 2. Learned Public Prosecutor has opposed the application.
It is submitted that according to the de facto complainant, he had borrowed `6,00,000/- from the first accused (who was released on bail by the jurisdictional magistrate as per order dated 23.05.2014) and `8,00,000/- from the petitioner. The petitioner demanded `15,00,000/- from the de facto complainant and obtained an agreement for sale in his favour. There is also an allegation that the petitioner snatched the agreement from the de facto complainant. It is pointed out that the petitioner is also accused in Crime No.113 of 2014 of the same station on the allegation that he trespassed into the house of the de facto complainant and threatened him.
3. The learned counsel submits that the allegations are not true. According to the learned counsel, there was no money lending between the petitioner and the de facto complainant though an agreement for sale was executed.
4. It is seen from the order dated 23.05.2014 in C.M.P No.3751 of 2014 that learned magistrate has granted bail to the first accused. Having regard to the relevant circumstances, I am inclined to think that further custody of the petitioner is not required. Hence, I am inclined to grant relief to the petitioner.
The application is allowed as under :
I. Petitioner is granted bail in Crime No.160 of 2014 of the Thiruvambady Police Station and shall be released (if not required to be detained otherwise) on his executing bond for `20,000/- (Rupees twenty 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 any of the petitioners.
b. The petitioner shall report to the officer investigating the case on every alternate Saturday between 10 a.m. and 12 p.m. until filing of the final report or for two months, whichever is earlier.
c. Petitioners shall report to the investigating officer as and when required for interrogation.
d. Petitioners shall not get involved in any offence during the period of this bail.
e. Petitioner shall not engage in money lending business without permission from the appropriate authorities.
f. Petitioners shall not intimidate or influence the witnesses.
g. In case any of condition Nos.(b) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
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THOMAS P. JOSEPH JUDGE AMV /TRUE COPY/ P.A.TO JUDGE