Petitioner is accused in Crime No.848 of 2014 of the Kottiyam Police Station for the offences punishable under Sections 3 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 the petitioner is engaged in money lending business without licence. His house was searched and four cheque leaves signed by his wife and six sale agreements in the name of different persons were seized.
3. Learned counsel submitted that the allegations are not true. It is submitted that the cheques were signed by his wife in connection with some other transaction and that in the sale agreements petitioner was only a witness.
4. Still, the petitioner has to explain about the custody of the sale agreements. Having regard to the nature of the allegations made against the petitioner, request for pre-arrest bail cannot be allowed. But I am inclined to issue directions.
B.A. No. 3588 of 2014
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Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.848 of 2014 of the Kottiyam Police Station on 25.06.2014 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) If 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 and pass orders as early as possible.
THOMAS P. JOSEPH, JUDGE.
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