Oommen G v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937 Bail Appl..No. 5262 of 2015 () ------------------------------- CRIME NO. 1034/2015 OF KUNNICODE POLICE STATION, KOLLAM DISTRICT ------------------ PETITIONER :

------------------- OOMMEN, AGED 52 YEARS, S/O. GEEVARGHESE, MUNJAKKARA, PATTAZHI P.O., PATTAZHI VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT :

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

BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A. HARIPRASAD, J.

-------------------------------- Bail Appl. No.5262 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of September, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is the accused in Crime No.1034 of 2015 of Kunnikode Police Station registered for the offences punishable under Secs.3 and 17 of the Kerala Money Lenders Act.

3. Heard both sides.

4. Learned counsel for the petitioner submitted that in the above crime, his wife was released on anticipatory bail by this Court as per order dated 31.07.2015 in B.A. No.4274 of 2015. The petitioner is also a licensed money lender.

Considering the nature of allegations, I am inclined to grant anticipatory bail to the petitioner. In the result, the bail application is allowed. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties each for

Bail Appl. No.5262 of 2015 2 the like sum if he is arrested by the Police in connection with this case.

1)The petitioner shall surrender his passport before the lower court concerned or if he does not have one, file an affidavit to that effect within five days of his release.

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

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

4) He shall not intimidate or attempt to influence the witnesses.

5) He shall not destroy or tamper with evidence.

6) He shall not get himself involved in any other criminal case while he 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/- A. HARIPRASAD, JUDGE NS