Petitioner is accused in Crime No.879 of 2014 of the Punalur Police Station for the offences punishable under Sections 3, 4 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 house of the petitioner was searched on 18.05.2014 at 5.30 p.m and a R.C. Book, cheque leaves and chitty diary, etc., were seized. According to the prosecution, the petitioner is engaged in money lending business without authority.
3. Learned counsel submitted that the allegations are not true. It is submitted that the RC book is of the autorikshaw belonging to his friend. It is also submitted that the allegation that the petitioner is engaged in money lending business is not correct.
4. In the nature of the allegations made against the petitioner I am inclined to issue directions as interrogation is necessary.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.879 of 2014 of the Punalur Police on 16.06.2014 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) After questioning the petitioner if he 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 recovery of any material object and pass orders as early as possible.
THOMAS P. JOSEPH, JUDGE.
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