Petitioner is accused in Crime No.836 of 2014 of the Vaikom Police Station for the offences punishable under Section 17 of the Kerala Money Lenders Act, 1958 and Sections 3 & 9 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on information received that the petitioner is engaged in money lending business without licence, her premises was searched and two signed blank cheque leaves of the Union Bank of India, one signed cheque leaf of Federal Bank, two signed blank stamp papers, signed blank white papers, a diary etc., were seized.
3. Learned counsel submitted that the petitioner intended to start a business and for that purpose wanted to mobilize funds. Panchami, wife of Gopalakrishnan also was to mobilize some funds. As security, signed blank cheques were obtained.
4. The petitioner has to explain these matters to the investigating officer. I am inclined to think that the custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief to the petitioner but subject to conditions.
The application is disposed of as under :
1. Petitioner shall surrender before the officer investigating the case on 26.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days at reasonable time and place as directed by the investigating officer.
3. In case the petitioner is arrested, she shall be produced before the jurisdictional magistrate the same day.
4. On such production, the petitioner shall be released on bail, if not required to be detained otherwise on her executing bond of `20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate 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 at all reasonable time and place.
c. Petitioner shall not engage in money lending business without permission from the appropriate authorities.
d. Petitioner shall not influence or intimidate any of the witnesses.
e. In case any of conditions Nos.(b) to (d) 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].
AMV sd/-
THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE