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Abbas vs State Of Kerala

High Court Of Kerala|20 June, 2014
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JUDGMENT / ORDER

Petitioner is accused in Crime No.1952 of 2014 of the Aluva East Police Station for the offences punishable under Sections 406 and 420 of the Indian Penal Code and Sections 3 and 17 of the Kerala Money Lenders Act, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on getting information about the petitioner engaging money lending business without licence, his premises was searched. Four sale deeds, one agreement for sale, one signed stamp paper and one signed cheque leaf were seized
3. Learned counsel submitted that the allegations are not true. It is submitted that stamp paper was purchased in the name of the petitioner and the sale e deed concerns property of the petitioner.
4. Having regard to the nature of allegations and the investigation required to be done, a blanket order for pre-arrest bail cannot be granted. But I am inclined to issue directions.
(i) Petitioner shall surrender before the Officer investigating Crime No.1952 of 2014 of the Aluva East Police station on 27.06.2014 at 10.00 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the Officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) Petitioner shall produce all the relevant records in his custody, control and possession to the Investigating Officer.
(iii) In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production it is open to the petitioner to request for bail with intimation given to the Assistant Public Prosecutor concerned at least two working days in advance.
(v) If for any reason custody of the petitioner is required, it is open to the Officer investigating the case to move application for that purpose.
(vi) Learned magistrate shall consider the application(s) having regard to all relevant circumstances including whether detention of the petitioner is required for seizure of any document and pass appropriate orders as early as possible.
Application is disposed of as above.
THOMAS P. JOSEPH, JUDGE.
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Title

Abbas vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
20 June, 2014
Judges
  • Thomas P Joseph
Advocates
  • Sri Anil K Mohammed
  • Sri