Aboo. K. v. State Of Kerala

ORDER

Petition under Section 438 Cr.P.C

2. Petitioner is the third accused in Crime No. 285/2013 of Fort Kochi Police Station registered for the offences punishable under Sections 13, 3 and 17 of the Kerala Money Lenders Act.

3. The allegation against the petitioner is that he has conducted money lending business without any licence or authorisation and advanced an amount of Rs. 6 lakhs to the husband of the de facto complainant, for which he has charged interest at the rate of 5% per month.

4. Heard learned counsel for the petitioner and learned Public Prosecutor and perused CD. The learned counsel for the petitioner has produced the medical records of the petitioner, which reveal that the petitioner is suffering from Coronary Artery disease, Unstable Angina, Diabetic Nephropathy and also cancer. The discharge summary from the Department of Medical Oncology of the Lakeshore Hospital shows that he has been undergoing chemotherapy. Considering the nature of the allegations against the petitioner and the contents of the CD, I do not think that the custodial interrogation of the petitioner is required for the continued investigation of this case, especially when the learned counsel for the petitioner admits that no amount is due to the petitioner from the de facto complainant and her husband. It is a fact that a blank cheque leaf of the husband of the de facto complainant was seized from the petitioner. When the petitioner has a case that no amount is due from the de facto complainant, further investigation on that line is not required. The said submission made by the learned counsel for the petitioner is recorded, and on medical grounds, anticipatory bail is granted to the petitioner.

5. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-

(i) The petitioner shall report before the investigating officer in between 9 a.m and 11 a.m on all Thursdays and Sundays, commencing from 20-06-2013 for a period of three months or till the filing of the final report in this case, whichever is earlier.

(ii) The petitioner shall not tamper with the evidence or influence witnesses.

(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.

(iv) The petitioner shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.