Petitioner is the first accused in Crime No.608 of 2014 of the Kondotty Police Station for the offences punishable under Sections 406, 468 and 506(i) r/w Section 34 of the Indian Penal Code, Section 3 and 17 of the Kerala Money Lenders Act 1958 and Section 3 r/w Section 4 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012, is in custody from 17.05.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner and others are engaged in money lending business without licence and obtained signed blank papers from the de facto complainant which was converted into documents concerning property.
3. Learned counsel has submitted that the allegations are not true.
4. Having regard to the nature of allegations, I am inclined to think that further custody of the petitioner is not required. Hence I am inclined to grant relief to the petitioner but subject to conditions to prevent recurrence of such incidents in future.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.608 of 2014 of the Kondotty Police Station and shall be released on bail, (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees twenty five 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 the petitioner.
(b) Petitioner shall report to the officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(ii) It is made clear that in case any of condition Nos.
(b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge