Petitioner is the accused in Crime No.585 of 2014 of the Manjeri Police Station for the offence punishable under section 17 of the Kerala Money Lender's Act,1958 apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on the information that the petitioner is engaged in money lending business without licence, his office was searched on 12.05.2014. Two stamp papers and one RC book were seized.
3. Learned counsel submits that the petitioner is not engaged in any money lending business. The petitioner is an auto consultant and engaged in sale of pre-used vehicles. In connection with that business he has obtained signed cheque leaves and stamp papers as security. The RC book concerns vehicle belonging to the petitioner. It is pointed out that there was no complaint from anybody concerning any money lending business of the petitioner.
4. In the circumstances aforesaid, I am inclined to think that custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief to the petitioner but subject to conditions.
The application is allowed as under :
1. Petitioner shall surrender before the officer investigating the case on 17.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days at reasonable time and place as directed by the investigating officer.
3. The petitioner shall co-operate with investigation of the case.
4. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate.
5. On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his/her executing bond for `20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
a. One of the sureties shall be a close relative of the petitioner.
b. Petitioner shall report to the investigating officer as and when required for interrogation.
c. Petitioner shall not engage in money lending business without permission from the appropriate authorities.
d. Petitioner shall not influence or intimidate any of the witnesses.
e. Petitioner shall not get involved any offence during the period of this bail.
f. In case any of conditions Nos.(b) to (e) is violated, it is open to the investigating officer to file application before the jurisdictional magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
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THOMAS P. JOSEPH JUDGE AMV /TRUE COPY/ P.A.TO JUDGE