Petitioner is accused in Crime No.798 of 2014 of the Nedumbassery Police Station for the offences punishable under Section 17 of the Money Lenders Act, Sec.420 of the Indian Penal Code, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on getting information that the petitioner is engaged in money lending business without authority, the police searched the shop on 13.05.2014 and seized two signed blank cheque leaves, one signed blank stamp paper worth Rs.100/- and two original sale deeds.
3. Learned Senior Advocate submitted that the shop in question belongs to brother of the petitioner who is engaged in stationary business. It is submitted that the cheque leaves and signed blank stamp papers are of the year 2010 and it cannot be made use of now. There was no complaint from anybody that the petitioner is engaged in money lending business.
4. In the light of seizure of documents (allegedly) from the possession of the petitioner, he has to explain its custody. Interrogation of the petitioner is necessary. Request for pre-arrest bail made by the petitioner cannot be allowed. But I am inclined to issue directions.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.798 of 2014 of the Nedumbassery Police Station on 26.06.2014 at 10.00 a.m. for interrogation.
(ii) In case interrogation is not completed on 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) 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 move application for bail with intimation given to the Assistant Public Prosecutor concerned at least three 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 the relevant circumstances including whether detention of the petitioner is required for seizure of any document or article and pass orders as early as possible.
THOMAS P. JOSEPH, JUDGE.
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