Petitioner is accused in Crime No.754 of 2014 of the Perinthalmanna Police Station for the offences punishable under Sections 3 and 7 read with Sec.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 that the petitioner is engaged in money lending business without licence, the police searched the house of the petitioner on 02.05.2014 at 11.20 p.m and seized four blank stamp papers.
3. Learned Senior Advocate submitted that the allegation regarding petitioner engaging in money lending business is not true.
4. Petitioner has to explain his alleged custody of blank stamp papers. In the circumstances I am inclined to issue directions.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.754 of 2014 of the Perinthalmanna 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) 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 recovery of any material object and pass orders as early as possible.
THOMAS P. JOSEPH, JUDGE.
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