Moidunni. K P vs State Of Kerala
2023 Latest Caselaw 11413 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023/17th KARTHIKA, 1945
                BAIL APPL. NO. 7412 OF 2023
CRIME NO.558/2023 OF CHALISSERY POLICE STATION, PALAKKAD

 AGAINST THE ORDER/JUDGMENT CRMC 3107/2023 OF ADDITIONAL
  DISTRICT COURT & SESSIONS COURT - IV, PALAKKAD / III
                ADDITIONAL MACT, PALAKKAD
PETITIONER/ACCUSED:

          MOIDUNNI. K P,
          AGED 65 YEARS,
          S/O. THARIYAKUTTY @ KUNHIPPU,
          KOCHUPARAMBIL HOUSE,
          POST CHAZHIYATTIRI, PERINGODE-679535

          BY ADVS.
          SINDHU SANTHALINGAM
          A.D.SHAJAN
          JESSY S.SALIM

RESPONDENTS/STATE/COMPLAINANT:

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

    2     STATION HOUSE OFFICER,
          CHALISSERY POLICE STATION-679536

          SRI. P.G. MANU (MAMMALASSERY), SR.PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A. No. 7412/2023

                                    ..2..



                      MOHAMMED NIAS C. P. , J.
                  ============================
                         B. A. No. 7412 of 2023
                  ============================
                 Dated this the 8th day of November, 2023

                                ORDER

Apprehending arrest in Crime No. 558/2023 of Chalissery Police

Station, Palakkad, registered for offences punishable under Sections 3 &

17 of Kerala Money Lenders Act and Sections 3 & 9(1)(a) of Kerala

Prohibition of Charging Exorbitant Interest Act, 2012, the petitioner

herein/sole accused has filed this application, under Section 438 of the

Code of Criminal Procedure, seeking anticipatory bail.

2. The prosecution case is that the accused is engaged in illegal

money lending on security of vehicles and realising exorbitant interest

from the borrowers. On 15.7.2023 at 15.00 hours, the S.I. of Police,

Chalissery, conducted a search at the house of the accused at

Kochuparamba and seized a diary evidencing the financial transactions,

and large number of vehicles taken as security by the accused. Thereby,

the accused has committed the aforementioned offences.

3. The learned counsel appearing for the petitioner and the

learned Public Prosecutor were heard.

B.A. No. 7412/2023

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4. Considering the allegations against the petitioner and

perusing the report filed by the prosecution that disclosed the series of

documents seized, it cannot be said that the offences alleged are not

attracted in the case. Under such circumstances, I am of the view that the

petitioner is not entitled to get anticipatory bail as it might adversely

affect a proper investigation. However, the following directions are

issued:

In the event the petitioner surrenders before the Investigating

Officer within two weeks from today, he shall be interrogated and

thereafter, shall be produced before the Magistrate having jurisdiction,

on the date of surrender itself. If the petitioner moves for bail, the Court

below shall, untrammelled by any of the observations in this order,

consider the bail application on merits, as expeditiously as possible. If

the petitioner does not surrender before the Investigating Officer, as

directed above, the Investigating Officer will be free to arrest the

petitioner, as if no order has been passed in this case.

The Bail Application is disposed of.

Sd/-

MOHAMMED NIAS C. P. , JUDGE MMG B.A. No. 7412/2023

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APPENDIX OF BAIL APPL. 7412/2023

PETITIONER ANNEXURES

Annexure I A TRUE COPY OF THE A TRUE COPY OF THE ORDER DTD. 17/8/2023 IN CRL. M C NO.

3107/2023 IN CRIME NO. 558/2023 OF THE SESSIONS COURT, PALAKKAD DIVISION