Petitioners apprehend arrest in Crime No.200 of 2014 of the Vythiri Police station for offences punishable under Sections 17 & 18 of the Kerala Money Lenders Act and have filed the application. 2. Learned Public Prosecutor has submitted that as per version of the de facto complainant, he had borrowed `50,000/- from the first petitioner on 11.01.2011 and gave signed blank stamp papers, blank papers, etc., as security. The first petitioner misused the documents and caused the second petitioner to file O.S. No.271 of 2013 in the Civil Court. The second petitioner is not so far arrayed as an accused but his involvement is being investigated.
3. Learned counsel submits that the allegations are not true. The second petitioner has filed O.S.No.271 of 2013 in the Civil Court and obtained an order of interim injunction against the de facto complainant as per order in I.A.No.1307 of 2013.
4. So far as the second petitioner is concerned, it is directed that in case the police intends to interrogate the second petitioner, notice under Section 41A of Cr.P.C. shall be served on him.
5. So far the first petitioner is concerned, there is no case that any incriminating object was seized from him.
I am inclined to think that custodial interrogation of the first petitioner is not required. Hence, I am inclined to grant relief.
The application is disposed of as under :
1. It is directed that in case the Vythiri Police intends to question the second petitioner in Crime No.200 of 2014, notice shall be served on him under Section 41A of Cr.P.C.
2. First petitioner shall surrender before the officer investigating the case on 26.06.2014 at about 10 am for interrogation.
3. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days and time as directed by the investigating officer.
4. In case the first petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
5. On such production the first petitioner shall be released on bail, if not required to be detained otherwise on his 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 first petitioner.
b. First petitioner shall report to the investigating officer as and when required for interrogation.
c. First petitioner shall not engage in money lending business without permission from the appropriate authorities.
d. First petitioner shall not get involved in any offence during the period of this bail.
e. First petitioner shall not intimidate or influence the 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].
AMV sd/-
THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE