MOHANAN V.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are approached this court for seeking pre -arrest bail. Petitioners pointed out that on the basis of false allegations they are being sought to be implicated for non bailable offences. Section 471 of the IPC has been incorporated with deliberate intention to see that the petitioners are denied bail. Relying on annexures produced along with petition, it is contended that the complainant himself was admitted that the amounts have been collected by him from various persons which he was unable to return within the time stipulated and he was making earnest efforts to repay the same. He therefore, had filed a petition before the Superintendent of Police seeking some indulgence.

(2.) THE learned counsel appearing for the petitioners pointed out that the main offences attributed to them are Money Lenders Act which are bailable. Section 471 has been unnecessarily brought in. Even going by the allegations in the complaint according to the learned counsel for the petitioners, the offence under Section 471 cannot be attracted. If that be so, the other offences are bailable. According to the learned counsel for the petitioners, petitioners will co -operate with the investigation and there is no reason to deny pre -arrest bail.

(3.) THE learned DGP opposed the petition, It is pointed out by the learned DGP that unfortunately the petitioners are police officers engaged in money lending business with huge interest rates and extorting money from persons. The records were made available for perusal shows that the petitioners have collected huge amounts from various persons. The learned DGP has also pointed out that a report has been filed on 3.12.2012 before the court concerned deleting Section 471 and incorporating Section 384 IPC. He also pointed out that the investigation is at the infant stage. If the petitioners are now released on bail, fair and just investigation will not be possible.