In this money lending dispute, the court held that the matter has a civil flavour and custodial interrogation is not warranted, granting bail to the accused subject to bonds and restrictions.
Petitioner entitled to bail on executing a bond for Rs. 50,000 with two sureties, subject to appearing for interrogation and not interfering with witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 5TH DAY OF JANUARY 2016/15TH POUSHA, 1937
Bail Appl..No. 3214 of 2015 ()
------------------------------CRIME NO. 630/2015 OF POOYAPPALLY POLICE STATION , KOLLAM DISTRICT
PETITIONER/ACCUSED:
K.SAIJU,S/O. KUMARAN, AGED 42 YEARS, CHITHIRA, PAANAYAM,YEROOR, PATHANAPURAM, KOLLAM DISTRICT.
BY ADVS.SRI.MANOJ RAMASWAMY SMT.V.SREEJA
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, KOLLAM- 691 537.
*ADDL.R3 IMPLEADED
*ADDL.R3: VINCENT MATHEW, S/O.MATHEWKUTTI, VINCENT HOUSE, ELAMADU,CHERUVAKAL, KOLLAM DISTRICT-691 533
*ADDL.R3 IS IMPLEADED AS PER ORDER DATED 9/7/2015 IN CRL.M.A.NO.6572/2015 IN BA.NO.3214/2015.
R1 & R2 BY PUBLIC PROSECUTOR SRI.C.RASHEED ADDL.R3 BY ADV. SRI.K.V.ANIL KUMAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
SUNIL THOMAS, J.
Dated this the 5th day of January, 2016
O R D E R
The petitioner is the accused in Crime No.630 of Pooyappally police station for offence punishable under Sections 406 & 420 IPC and Section 13 &17 of Kerala Money Lenders Act,1958.
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complianant. The dispute has got a flavour of a civil nature also. Hence, I feel that this is not a fit case in which custodial interrogation of the accused is warranted. The petitioner is entitled for bail subject to the following conditions:
(i). The petitioner shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter if he is proposed to be arrested, he shall be released on bail, on he executing a bond for a sum of Rs. 50,000/- ( Rupees fifty thousand ) with two sureties each.
ii). He shall not get involved in any other identical offence and the involvement if any will be a ground for seeking cancellation of bail.
(iii). He shall not threaten, coerce or intimidate the witnesses.
Sd/-
SUNIL THOMAS Judge
dpk
/true copy/ PS to Judge .
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1 issue framed by the court
Whether the petitioner is entitled to bail in a money lending dispute with a civil flavour.
2 provisions across 2 enactments
K.SAIJU
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
