Petitioner apprehends arrest by the Pariyaram Police in Crime No.342 of 2014 under Sections 13, 17, 18A and 18B of the Kerala Money Lenders Act and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that according to the de facto complainant he had borrowed Rs.3,80,000/- lakhs and as security, given his Passport, signed blank cheque leaf, RC book of the motor cycle and signed stamp paper. It is submitted that he repaid Rs.3,58,400/- but the petitioner is demanding huge amount.
4. Learned counsel submitted that the allegations are not true.
5. It is revealed that though a search was conduced, nothing incriminating court be seized from the petitioner. In the circumstances I am satisfied that custodial interrogation of the petitioner is not required. Hence I am Inclined to grant relief but subject to conditions:
Application is allowed as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.342 of 2014 of the Priyaram Police station on 27.06.2014 at 10.00 am for interrogation.
(ii) 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.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production learned magistrate shall release the petitioner on bail on their executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties each 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 Officer investigating the case as and when required for interrogation.
(c) Petitioner shall not get involved any offence during the period of this bail.
(d) Petitioner shall not engage in money lending business without permission of the appropriate authority.
(e) Petitioner shall not intimidate or influence the witnesses.
(v) In case the petitioner violates any of conditions (b) to (e), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
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