Disposed

Bini. S. v. State of Kerala

Kerala HC1 Mar 2024Bail Appl./170/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by the accused in a money-lending case. The court had directed surrender and interrogation; after the Public Prosecutor confirmed interrogation was complete and further presence unnecessary, the interim order was made absolute subject to conditions.

What did the court decide?

Interim order of pre-arrest bail dated 05.02.2024 made absolute subject to conditions.

Bini. S. Vs State of Kerala — Money Laundering | Kerala HC (2024)

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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 C.S.DIAS

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FRIDAY, THE 1^ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945

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BAIL APPL. NO. 170 OF 2024

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CRIME NO.15/2024 OF KAYAMKULAM POLICE STATION, ALAPPUZHA

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PETITIONER/ACCUSED NO.1

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BINI. S. AGED 46 YEARS W/O. RADHAKRISHNA PILLAI, SIVASAKTHI, CHUNAKKARA VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DIST, PIN - 690101

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BY ADV KISHOR B.

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RESPONDENT/STATE:

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

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OTHER PRESENT:

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SR PP SRI C S HRITHWIK

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.03.2024, THE

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COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL.NO.170 OF 2024

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O R D E R

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The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

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The petitioner is the sole accused in Crime No.15/2024 of the Kayamkulam Police Station, Alappuzha, registered against him, for allegedly committing the offences punishable under Section 3 of the Kerala Prohibition of Charging Exorbitant Interest Act 2012 and Sections 13 and 17 of the Kerala Money Lenders Act, 1958.

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When the bail application came up for consideration on 05.02.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within one week from the date of order and subject himself to interrogation.

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Heard; Sri.Kishor B, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor appearing for the respondent.

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The learned Public Prosecutor, on instructions,

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BAIL APPL.NO.170 OF 2024

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submitted that, pursuant to the order dated 05.02.2024, the petitioner surrendered before the Investigating Officer on 09.02.2024 and his interrogation has been completed. The petitioner's further presence is not required. Hence, the interim order can be made absolute, subject to additional conditions. The said submission is recorded.

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Resultantly, the bail application is disposed of by making the interim order dated 05.02.2024 absolute, subject to the following conditions:

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(i) The petitioner shall co-operate with the Investigating Officer and make himself available for interrogation as and when

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directed by the Investigating Officer;

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(ii) The petitioner shall not intimidate witnesses or interfere with the investigation in any manner;

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(iii) The petitioner shall not get involved in any other offence while on bail.

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(iv) The petitioner shall not leave India without the permission of the jurisdictional Court;

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BAIL APPL.NO.170 OF 2024

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(v) In case of violation of any of the conditions above, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

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(vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below.

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(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal

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v. State (NCT of Delhi) and another [2020 (1) KHC 663].

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Sd/-

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C.S.DIAS JUDGE

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shg

Bini. S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bini. S. v. State of Kerala

Case brief

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What did the court decide?

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