Allowed

Jayesh K.P v. State of Kerala

Kerala HC1 Jul 2014Bail Appl./4511/2014

Case brief

AI extract

What is this about?

The court granted bail to a goldsmith accused under money lending statutes. Granted under conditions of surrender, appearance for interrogation, execution of bond, and prohibitions on intimidation and unlicensed money lending.

What did the court decide?

Bail granted through execution of bond for 20,000/- with two sureties. Conditions include surrender for interrogation and prohibition on unlicensed money lending.

Jayesh K.P Vs State of Kerala — Money Laundering | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

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TUESDAY, THE 1ST DAY OF JULY 2014/10TH ASHADHA, 1936

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BAIL APPL..NO. 4511 OF 2014 (D)

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------------------------------------------[CRIME NO. 782/2014 OF MALAPPURAM POLICE STATION, MALAPPURAM]

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PETITIONER/PETITIONER:

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JAYESH .K.P, S/O.VELAYUDHAN, AGED 35, KARATTU PARAMBIL, MELMURI ADHIKARATHODI, MALAPPURAM-676 517.

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BY ADV. SRI.PHILIP J.VETTICKATTU.

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RESPONDENTS/STATE:

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

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2. THE STATION HOUSE OFFICER, MALAPPURAM POLICE STATION, MALAPPURAM-676 505.

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BY PUBLIC PROSECUTOR SRI. C. RASHEED.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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THOMAS P. JOSEPH, J

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B.A.No.4511 of 2014

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Dated this the 1^st day of July, 2014

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ORDER

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Petitioner is accused in Crime No.782 of 2014 of the Malappuram Police Station for the offences punishable under Sections 3 and 17 of the Kerala Money Lenders Act, Section 3 r/w Section 9(1) (A) of the Kerala Prohibition of Charging Exorbitant Interest Act, apprehends arrest and has filed the application.

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Learned Public Prosecutor has opposed the application. It is submitted that on getting information about the petitioner engaging in money lending business without authority, his premises was searched on 04.06.2014, diary and slip were seized.

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Learned counsel submits that the petitioner is a goldsmith engaged in making gold ornaments as per orders and supplying it to jewellery shop/individuals etc. The documents seized were maintained in connection with that sale.

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Having regard to the relevant circumstances, I am inclined to think that custodial interrogation of the petitioner is

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B.A.No.4511 of 2014

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not required. Hence I am inclined to grant relief but subject to conditions.

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Application is allowed as under:

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(i) Petitioner shall surrender before the officer investigating Crime No.782 of 2014 of the Malappuram Police Station on 07.07.2014 at 10 a.m for interrogation.

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(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.

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(iii) In case arrest of the petitioner is recorded, he shall be released by the arresting officer (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 before the arresting officer and subject to the following conditions:

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(a) One of the sureties shall be a close relative of the petitioner.

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(b) Petitioner shall report to the investigating officer as and when required for interrogation.

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B.A.No.4511 of 2014

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(d) Petitioner shall not intimidate or influence the

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witnesses.

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(e) Petitioner shall not engage in money lending business without licence from the appropriate authorities.

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(f) Petitioner shall co-operate with investigation of the

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case.

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(iv) In case the petitioner violates any of condition Nos. (b) to (f), it is open to the investigating officer to move the jurisdictional magistrate for cancellation of the bail as held in

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P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).

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Sd/-

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THOMAS P. JOSEPH, JUDGE.

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/True Copy/

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P.A. to Judge

Jayesh K.P v. State of Kerala

Case brief

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Jayesh K.P v. State of Kerala

Case brief

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