On the basis of reliable and secret information, the Sub Inspector of Police, Malampuzha conducted a search in the house of the petitioner herein on 14.5.2014. On search, the Police could seize four blank cheques, two daily collection pass books and also an amount of ₹ 1,64,719/-. Believing that those were kept by the petitioner as part of some unauthorised money lending business, the Sub Inspector registered a crime against the petitioner under Section 3 and 17 of the Kerala Money Lenders Act and also under Sections 3 and 4 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012. The materials mentioned above were seized as per search list and produced in Court. On the apprehension of arrest, the petitioner now seeks pre-arrest bail under Section 438 of Cr.P.C.
2. As required by the Court, the learned Public Prosecutor produced the case diary along with report of the Investigating Officer. This application was opposed by the B.A No.4111 of 2014 2 learned Public Prosecutor on the ground that the petitioner will have to surrender before the Investigating Officer for necessary interrogation.
3. On hearing both sides, and on a perusal of the case diary including the report of the Investigating Officer, I find that the petitioner will have to surrender before the Investigating Officer for interrogation as part of investigation. The Police will have to find out and detect the real circumstances in which the seized materials happened to be processed by the petitioner in his house or whether those were, in fact, kept by him as part of any unauthorised money lending business. Of course, when so interrogated, the petitioner can very well explain the possession of such materials, if he is really confident that he has no involvement in any money lending business. After necessary interrogation, the question of bail can be considered by the learned Magistrate having jurisdiction. If the learned Magistrate finds that detention of the petitioner in custody is not required as part of investigation, he could be released on bail. Otherwise, appropriate orders can be B.A No.4111 of 2014 3 passed by the learned Magistrate.
In the result, this petition is closed with direction to the petitioner to surrender before the Investigating Officer within five days from this date for necessary interrogation. After necessary interrogation as part of investigation, the petitioner shall be produced before the learned Magistrate having jurisdiction by the Investigating Officer on the same day. If application for bail is filed, the same shall be considered and judiciously decided by the learned Magistrate, as indicated above.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge