Raji Oommen v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 31ST DAY OF JULY 2015/9TH SRAVANA, 1937 Bail Appl..No. 4274 of 2015 () ------------------------------- CRIME NO. 1034/2015 OF KUNNICODE POLICE STATION , KOLLAM DISTRICT -------------------- PETITIONER(S)/ACCUSED :

-------------------------------------------- RAJI OOMMEN, AGED 43 YEARS, W/O.OOMMEN, MUNJAKKARA, PATAZHY P.O., PATAZHY VILLAGE, PATHANAPURAM, KOLLAM DISTRICT. BY ADVS.SRI.S.RAJEEV SRI.V.VINAY SRI.K.K.DHEERENDRA KRISHNAN RESPONDENT(S)/STATE :

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

(CRIME NO.1034/2015 OF KUNNIKODE POLICE STATION, KOLLAM DISTRICT).

2. STATION HOUSE OFFICER, KUNNIKODE POLICE STATION,KOLLAM DISTRICT-691 508. (CRIME NO.1034/2015 OF KUNNIKODE POLICE STATION, KOLLAM DISTRICT).

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4274 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offences under Section 3 and 17 of the Kerala Money Lenders Act. She is a licensed money lender. The prosecution case is that she received deposits from the public unauthorisedly.

3.

Heard.

4.

Admittedly, the petitioner has licence to do money lending business. The facts indicate that she received deposits from the public without any authority. It appears that custodial interrogation of the petitioner is not necessary for effective investigation.

In the result, this application is allowed.

1)The petitioner shall be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties each for the like sum if she is arrested by the Police in connection with this case.

2)The petitioner shall surrender her passport before the

B.A.No. 4274 of 2015 -: 2 :- lower court concerned or if she does not have one, she shall file an affidavit to that effect within five days of her release.

3)She shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

4)She shall appear before the Investigating Officer between 10 a.m. and 11 a.m. on 2nd and 4th Saturdays in the month of August.

5)She shall not intimidate or attempt to influence the witnesses.

6)She shall not destroy or tamper with evidence. 7)She shall not get herself involved in any other criminal case while she is on bail.

If the petitioner surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge