Petitioner is accused in Crime No.257 of 2014 of the Payyavoor Police station for the offences punishable under Secs.465, 466 and 471 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 according to the defacto complainant, he had borrowed Rs.5,000/- from the petitioner on 14.01.2014 and given signed blank cheque and stamp paper. But, the petitioner misused the cheque and presented the cheque for recovery of Rs.75,000/-.
3. Learned counsel submitted that the defacto complainant borrowed Rs.75,000/- from the petitioner and issued the cheque. On dishonour of the cheque, notice was issued to the defacto complainant.
4. On hearing both sides it is revealed that though a search was conducted in the premises of the petitioner, nothing incriminating could be recovered. In the circumstances, I am inclined to think that custodial interrogation of the petitioner is not required. Hence, I am inclined to grant bail to the petitioner but subject to conditions.
Application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.257 of 2014 of the Payyavoor Police station on 18.06.2014 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. In case arrest of the petitioner is recorded he shall be released by the arresting officer on his executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:
a) One of the sureties shall be a close relative of the petitioner.
b) Petitioner shall report to the investigating officer as and when required for interrogation.
c) Petitioner shall not engage in money lending business without obtaining permission from the appropriate authority.
d) Petitioner shall not get involved in any offence during the period of this bail.
e) Petitioner shall not influence or intimidate witnesses.
f) In case any of condition nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge