Allowed

Sunil Kumar P v. State of Kerala

Kerala HC19 Feb 2021Bail Appl./1490/2021

Case brief

AI extract

What is this about?

The High Court of Kerala denied summary disposal and heard the bail application via video conference. The court granted pre-arrest bail to the sole accused in a money-lending offence, directing surrender within two weeks and imposing a bond with sureties.

What did the court decide?

Pre-arrest bail granted; directed to surrender within two weeks; to surrender on arrest on bond of Rs.50,000 with two sureties subject to conditions.

Sunil Kumar P Vs State of Kerala — Money Laundering | Kerala HC (2021)

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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 ASHOK MENON

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FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

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Bail Appl..No.1490 OF 2021

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CRIME NO.0059/2021 OF NEELESWARAM POLICE STATION, KASARGOD

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PETITIONER:

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SUNIL KUMAR P AGED 39 YEARS AMBADIYIL H, MADIKKAL PO VIA NILESHWARAM KASARGOD - 671314

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BY ADV. SRI.VARUN C.VIJAY

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682031 R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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SMT.V.SREEJA-PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.1490 OF 2021

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O R D E R

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Dated this the 19^th day of February 2021

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This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

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The applicant is the sole accused in Crime No.59/2021 of Neeleshwaram Police Station, Kasaragod, for having allegedly committed offence punishable under Sections 3 and 9 of Kerala Prohibition of Charging Exorbitant Interest Act, 2012 and under Sections 13 and 17 of Kerala Money Lenders Act, 1958.

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The prosecution case, in brief, is that, the defacto complainant who is the neighbour and a close relative of the applicant allegedly borrowed money from the applicant several times between January 2016 and 2020 and was allegedly charged exorbitant interest for the money so lend in violation of the aforesaid provisions of the law.

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Bail Appl..No.1490 OF 2021

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The applicant states that he is innocent and the allegations are not true and that he has not lend money as a professional money lender. It was only a money transaction between the applicant and the relative and neighbour of the applicant and therefore, the provisions of the Kerala Money Lenders Act and Kerala Prohibition of Charging Exorbitant Interest Act are not strictly attracted to the instant case. He is willing to cooperate with the investigation. The custodial interrogation of the applicant may not be necessary and therefore, he seeks pre arrest bail.

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Heard the learned counsel appearing for the applicant and learned Public Prosecutor.

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The learned Public Prosecutor pointed out that he was involved in yet another Crime in similar nature, but the same was quashed by this Court under Section 482 Cr.P.C. Therefore, the applicant has no criminal antecedents. The applicant is not likely to abscond, he is willing to cooperate

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Bail Appl..No.1490 OF 2021

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with the investigation. I find that the applicant is entitled to pre arrest bail.

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In the result, the application is allowed and the applicant is directed to surrender before the Investigating Officer within two weeks. After interrogation, in the event of his arrest, he shall be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty thousand only), with two solvent sureties, each for the like amount to the satisfaction of the Investigating Officer and on the following further conditions:

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(i) He shall appear before the Investigating

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Officer as and when called for.

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(ii) He shall not intimidate or influence witnesses and tamper with evidence. (iii) He shall not get involved in similar offences during the currency of the bail period.

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In case of breach of any of the bail conditions, the

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Bail Appl..No.1490 OF 2021

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prosecution shall be at liberty to apply for cancellation of

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the bail before the jurisdictional court.

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(Sd/-)

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ASHOK MENON JUDGE

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Sunil Kumar P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sunil Kumar P v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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