Petitioners apprehend arrest by the Kattappana police in Crime No.919 of 2014 for the offences punishable under Sec.420 of the Indian Penal Code and Sec.17 of the Kerala Money Lenders Act and have filed this application.
2. Learned Public Prosecutor submits that on 02.06.2014, office of the Reliant Hire Purchase Company Limited (for short, "the Company”) was searched and RC books, blank stamp papers and `74,770/- were seized. According to the prosecution, the company is engaged in money lending business without authority.
3. Learned counsel submits that the company is a non banking financial institution covered by the RBI Act and which has obtained Annexure-A1, registration thereunder. The direction to register the company was challenged in writ petition in this Court. The writ petition and appeal were decided against the company. The Association of which the company is a member has challenged the judgment in the Supreme Court which has issued an order of status quo. It is while so that the search and seizure were made.
4. In cases of similar nature on same set of facts, I have granted relief under Sec.438 of the Code of Criminal Procedure. Having regard to the relevant circumstances, I am inclined to grant relief on this application also as custodial interrogation is not required.
Resultantly this application is allowed as under:
(i) Such of the petitioners who are arrayed as accused in Crime No.919 of 2014 of the Kattappana Police Station shall surrender before the officer investigating that case on 12.06.2014 at 10a.m.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of such petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) In case arrest of any of the petitioners is recorded, they shall be released by the arresting officer on bail (if not required to be detained otherwise) on their executing bond for `20,000/- (Rupees Twenty Thousand Only) each with two sureties each for the like sum each before the arresting officer and subject to the following conditions:
(a) The arrested persons shall report to the officer investigating the case as and when required for interrogation.
(b) In case the petitioners violate the above condition, it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge