Girish v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 Bail Appl..No. 2831 of 2015 -------------------------------------- CRIME NO. 389/2014 OF SREEKRISHNAPURAM POLICE STATION , PALAKKAD ----------------- PETITIONER(S):
---------------------- GIRISH, AGED 45 YEARS, S/O. AYYAPPAN, PLAKUTTATHIL HOUSE, MANNAPRA, KADAMPAZHIPURAM, PALAKKAD DISTRICT, NOW RESIDING AT 74 A, PHASE II, QUTAB ENCLAVE, KATWARIA SARAI, NEW DELHI 110016.
BY ADV. SRI.P.JAYARAM RESPONDENT(S):
------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.REMA. R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
The petitioner is the second accused in Crime N0.389/2014 of Sreekrishnapuram police station registered for the offences under section 306 read with Section 34 of Indian Penal Code, Section 3 read with Section 17 of Kerala Moneylenders Act and Section 9 of Prohibition of Charging Exorbitant Interest Act. 3.
The prosecution case is that he along with the co-accused was conducting money lending business without a licence and the deceased had borrowed from them money at exorbitant rate of interest and they abetted him to commit suicide as a result of which he committed suicide.
4.
Heard.
5.
The learned counsel submits that the allegations are false. The suicide note of the deceased is available in the case diary, there is nothing to connect the petitioner with the suicide. It appears that there is only some
suspicion about the involvement of the petitioner. In these circumstances I am inclined to grant his prayer for anticipatory bail.
In the result, this application is allowed.
1.
The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like sum each he is arrested by the police in connection with this case.
2.
He shall appear before the Investigating Officer for interrogation if he is so required by him in writing. 3.
He shall not get himself involved in any other criminal case while he is on bail.
4.
He shall not intimidate or attempt to influence the witnesses.
5.
He shall not destroy or tamper with evidence. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law.
sd/- K. ABRAHAM MATHEW JUDGE R.AV
//True Copy// PA to Judge