Petitioner is accused in Crime No.855 of 2014 of the Oachira police station for the offences punishable under Secs.420 and 511 read with Sec.468 of the Indian Penal Code, Sec.17 of the Money Lenders Act, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on getting information about the petitioner engaging in unauthorized money lending, premises of the petitioner was searched on 15.05.2014 and around 56 documents including 15 singed blank cheque leaves , 14 singed cheques which mentioned the amount, 4 signed stamp papers of different denominations and 10 signed blank white papers affixed with revenue stamp were seized.
3. Learned counsel submitted that the allegations are not true.
4. In the nature of the seizure made, I am inclined to think that request for pre arrest bail cannot be allowed. Petitioenr may have to explain the alleged custody of the aforesaid documents. Hence, I am inclined to issue directions.
Application is disposed of as under.
1. Petitioner shall surrender before the officer investigating Crime No.855 of 2014 of the Oachira police station on 03.07.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. Petitioner shall co-operate with investigation of the case.
4. In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
5. 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.
6. If custody of the petitioner is required for any purpose, the investigating officer also can move application before the learned magistrate.
7. Learned magistrate shall consider the application(s) having regard to all relevant circumstances including whether detention of the petitioner is required for any purpose and pass appropriate orders as early as possible.
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THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge