Petitioner who is the accused in Crime Nos.31 of 2013 and 2072 of 2013 respectively of the Paravoor Police Station (Kollam District), apprehends arrest and has filed these applications. 2. Crime No.31 of 2013 is registered for the offences punishable under Sections 13, 17 & 18A of the Kerala Money Lender's Act. The allegation is that de facto complainant borrowed `9,00,000/- in the year 2001 and obtained sale deed executed by the de facto complainant on condition that on repayment of the amount with interest the property will be re-conveyed. But the petitioner has not re-conveyed the property.
3. Crime No.2072 of 2013 is registered for the offences punishable under Section 420 of the Indian Penal Code and Section 13 & 17 of the Kerala Money Lender's Act.
The de facto complainant is daughter of the de facto complainant in Crime No.31 of 2013. Allegation is that the petitioner had lent `15,000/- to the de facto complainant in the year 2003 and collected signed blank papers, copy of sale deed etc. Though, the de facto complainant paid a huge amount, the petitioner is still demanding further amount. He is trying to whisk away property belonging to the de facto complainant.
4. The learned Public Prosecutor while opposing the applications submitted that the petitioner is also being proceeded against under Section 107 of Cr.P.C. He is engaged in money lending business without authority. In Crime No.31 of 2013, blank stamp papers signed and bearing thumb impression were seized.
5. The learned counsel submitted that allegations are not true. The petitioners purchased an item of property for consideration from the de facto complainant in Crime No.31 of 2013 as per sale deed No.2875 of 2009 of the SRO, Paravoor.
6. On hearing both sides, it appears custodial interrogation of the petitioner is not required, but he has to co- operate with the investigation.
The applications are allowed as under :
1. Petitioner shall surrender before the officer investigating the case on 23.06.2014 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. The petitioner shall co-operate with investigation of the case.
4. In case the petitioner is arrested, he shall produced before the jurisdictional magistrate in both the cases the same day.
5. On such production the petitioner shall be released on bail (if not required to be detained otherwise) by the arresting officer on his executing bond for `25,000/- (Rupees twenty five 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 investigating officer as and when required in connection with the case.
c. Petitioner shall not influence or intimidate any of the witnesses.
d. Petitioner shall not get involved any offence during the period of this bail.
e. Petitioner shall not engage in money lending business except with permission obtained from the authorities.
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].
sd/- THOMAS P. JOSEPH JUDGE AMV /TRUE COPY/ P.A.TO JUDGE