Petitioner is accused in Crime No.504 of 2014 of the Kumily Police station for the offences punishable under Secs.3 and 17 of the Kerala Money Lenders Act, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that house of the petitioner was searched and the Police seized several R.C. dooks, demand promissory notes, signed stamp papers etc.
3. Learned counsel submitted that the allegations are not true.
4. The petitioner owes an explanation for presence of the documents allegedly seized from his house. Request for pre arrest bail cannot be allowed as that may affect investigation of the case. The petitioner has to surrender before the officer concerned.
The application is disposed of as under.
1. Petitioner shall surrender before the officer investigating Crime No.504 of 2014 of the Kumily Police station on 06.06.2014 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. After interrogation, in case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate where it is open to the petitioner to request for regular bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
4. If custody of the petitioner is required for any purpose, it is open to the investigating officer to move application before the learned magistrate for the same.
5. Learned magistrate shall dispose of the application(s) having regard to all relevant circumstances including whether custody of the petitioner is required for any purpose and pass appropriate orders as early as possible.
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge