Allowed

Surendran Nair v. State of Kerala

Kerala HC11 Jan 2022Bail Appl./8396/2021

Case brief

AI extract

What is this about?

The Kerala High Court allowed an application for anticipatory bail granted to a retired government servant accused of illegal money lending. The petitioners released subject to conditions, including execution of a bond and cooperation with the investigation. The court held that granting bail is appropriate given the petitioner's status and the nature of the alleged offence under the Kerala Money L

What did the court decide?

The bail application is allowed, releasing the petitioner subject to conditions including a bond of Rs.50,000/- with sureties, cooperation with investigation, and no interference with the complainant

Surendran Nair Vs State of Kerala — Cheque Dishonour | Kerala HC (2022)

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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 GOPINATH P.

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TUESDAY, THE 11^TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943

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BAIL APPL. NO. 8396 OF 2021

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CRIME NO.2087/2019 OF VANCHIYOOR POLICE STATION,

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THIRUVANANTHAPURAM DISTRICT

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PETITIONER/ACCUSED:

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SURENDRAN NAIR AGED 60 YEARS S/O.LATE NARAYANAN NAIR, RESIDING AT AAYANIKONATHU VEEDU, VEMBANOOR, ARUVIKARA P.O., THIRUVANANTHAPURAM.

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BY ADVS. V.N.GOPALAKRISHNAN NAIR A.CHANDRA BABU G.ARUN G.VARUN

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RESPONDENT/COMPLAINANT AND STATE:

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

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2 SHO, VANCHIYOOR POLICE STATION, VANCHIYOOR, THIRUVANANTHAPURAM. BY SRI.VIPIN NARAYANAN (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 8396 OF 2021

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ORDER

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This is an application for anticipatory bail.

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The petitioner is the accused in Crime No.2087 of 2019 of Vanchiyoor Police Station, Thiruvananthapuram District, alleging commission of offences under Sections 447, 506 and 34 of the Indian Penal Code and Sections 17 and 3 of the Kerala Money Lenders Act, 1958. The allegation against the petitioner is that he was conducting an illegal money lending business and he had given loan to the de-facto complainant by charging exorbitant interest.

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The learned counsel for the petitioner submits that the allegations against the petitioner are absolutely incorrect. It is submitted that the amount in question was given to the de-facto complainant in order to induct the petitioner as a partner in the business being run by the de-facto complainant. It is submitted that the petitioner is a retired Government servant, who is now aged 60 years and that the only non-bailable offence alleged is that under the Kerala Money Lenders Act.

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The learned Public Prosecutor, on instructions, submits that following the complaint given by the de-facto complainant, a

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BAIL APPL. NO. 8396 OF 2021

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search was conducted in the premises of the petitioner and certain documents which, prima facie, show that the petitioner was engaged in illegal money lending business, has been recovered. It is submitted that the grant of bail at this stage may not be conducive to the prosecution.

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Having regard to the facts and circumstances of the case and taking into consideration of the fact that the petitioner is a retired Government servant and also taking note of the fact that the only non-bailable offence alleged against the petitioner is that under the provisions of the Kerala Money Lenders Act, I am of the view that the petitioner can be granted anticipatory bail, subject to conditions.

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In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.2087 of 2019 of Vanchiyoor Police Station, Thiruvananthapuram District, subject to the following conditions:

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(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand) with two solvent

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sureties for the like sum to the satisfaction of the Jurisdictional Court;

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BAIL APPL. NO. 8396 OF 2021

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(ii) Petitioner shall co-operate with the investigation and shall appear before the investigating officer in Crime No.2087 of 2019 of Vanchiyoor Police Station, Thiruvananthapuram District, whenever called upon to do so;

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(iii) Petitioner shall not interfere with the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.2087 of 2019 of Vanchiyoor Police Station, Thiruvananthapuram District;

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(iv) Petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.2087 of 2019 of Vanchiyoor Police Station, Thiruvananthapuram District, may file an application before the Jurisdictional Court, for cancellation of bail.

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Sd/- GOPINATH P. JUDGE

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Surendran Nair v. State of Kerala

Case brief

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Surendran Nair v. State of Kerala

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