Benny vs State Of Kerala
2023 Latest Caselaw 10505 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945
                 BAIL APPL. NO. 8060 OF 2023
AGAINST THE ORDER/JUDGMENT CRMC 2390/2023 OF DISTRICT COURT &
                  SESSIONS COURT, ERNAKULAM

   CRIME NO.359/2023 OF KODANAD POLICE STATION, ERNAKULAM


PETITIONER/ACCUSED:

         BENNY
         AGED 55 YEARS, S/O.PAULOSE,
         PALLIPADAN HOUSE, ALATTUCHIRA P.O.,
         KATHIRIKKAD ROAD, KARGIL JUNCTION,
         KODANAD VILLAGE,
         KOOVAPADY PANCHAYATH, PERUMBAVOOR,
         ERNAKULAM DISTRICT., PIN - 683544

         BY ADV M.G.JEEVAN


RESPONDENT/STATE:

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

         SRI.P.G.MANU(MAMMALASSERIL) - SR. PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.10.2023, ALONG WITH Bail Appl.NO.8458/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos.8060 & 8458/2023
                               ..2..




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945
                   BAIL APPL. NO. 8458 OF 2023
  CRIME NO.379/2023 OF KODANAD POLICE STATION, ERNAKULAM


PETITIONER/ACCUSED:

            BENNY
            AGED 55 YEARS, S/O.PAULOSE,
            PALLIPADAN HOUSE, ALATTUCHIRA P.O.,
            KATHIRIKKAD ROAD, KARGIL JUNCTION,
            KODANAD VILLAGE,
            KOOVAPADY PANCHAYATH, PERUMBAVOOR,
            ERNAKULAM DISTRICT., PIN - 683544

            BY ADVS.
            M.G.JEEVAN
            SANIYA JOSE MAMPILLY


RESPONDENT/STATE:

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

            SRI.P.G.MANU(MAMMALASSERIL) - SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12.10.2023, ALONG WITH Bail Appl..8060/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos.8060 & 8458/2023
                                     ..3..



                  MOHAMMED NIAS C.P., J.
                   ---------------------
                    B.A.No. 8060 & 8458/2023
           ---------------------------
                 Dated this the 12th day of October, 2023

                           ORDER

These applications are filed under Section 438 of the Code of

Criminal Procedure, seeking pre-arrest bail.

2. B.A.No.8060/2023. The petitioner is the sole accused in

Crime No.359/2023 of Kodanad Police Station, Ernakulam District, for

having allegedly committed offences punishable under Sections 17 of the

Kerala Money Lenders Act, 1958 along with Sections 511 of 420, 511 of

465, 468 of the Indian Penal Code.

3. The prosecution case in brief is that the petitioner in this

application without any valid licence for lending money under the Money

Lending Act obtained blank cheques, blank stamp papers and blank

promissory notes from various persons with a malafide intention to

fabricate those documents as valid documents with an intention to

deceive signatories therein for obtaining wrongful gain and thereby

committed the offence.

4. B.A.No.8458/2023. The petitioner is the sole accused in B.A.Nos.8060 & 8458/2023 ..4..

Crime No.379/2023 of Kodanad Police Station, Ernakulam District, for

having allegedly committed offences punishable under Sections 511, 420,

465, 468 of the Indian Penal Code along with Section 13 and 17 of the

Kerala Money Lenders Act, 1958.

5. The prosecution case in brief is that the defacto complainant

borrowed an amount of Rs.1,80,000/- from the petitioner. He repaid the

amount with interest. Even after the repayment of the entire amount ,the

petitioner did not return the documents obtained from the defacto

complainant as security and also threatened him to kill and file case

against him, and thereby committed the offence.

6. The learned counsel appearing for the petitioner and the

learned Public Prosecutor were heard.

7. The allegations against the petitioner are allegedly for

committing offences under the Money Lenders Act. Though the learned

counsel for the petitioner submits that the charge of forgery will not lie

against the petitioner,I am not inclined to grant anticipatory bail as it

might hamper a proper investigation. In such circumstances, the

following directions are issued:-

In the event the petitioner surrenders before the Investigating B.A.Nos.8060 & 8458/2023 ..5..

Officer in two weeks, 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 as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE APA