Petitioner is accused in Crime No.778 of 2014 of the Palakkad Town South Police Station for the offences punishable under Section 420 of the Indian Penal Code, Sections 3, 6A, 17 & 18A of the Kerala Money Lenders Act, Section 3 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 according to the de facto complainant, he had borrowed `5,00,000/- from the petitioner, executed sale deed as security and re-paid `15,00,000/- but the property was not re-conveyed.
3. Learned Senior Advocate submits that the allegations are not true. Wife of the de facto complainant sold her property to the petitioner for consideration in the year 2010. The petitioner sold the property to another person in the year 2012.
4. It is revealed that there was no search or seizure of any incriminating article from the petitioner. In the circumstances, I am inclined to think that the custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief but subject to conditions.
The application is allowed as under :
1. Petitioner shall surrender before the 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.
3. The petitioner shall co-operate with investigation of the case.
4. In case the petitioner is arrested, he shall be released on bail (if not required to be detained otherwise) by the arresting officer on his executing bond for `20,000/- (Rupees twenty thousand only) with two sureties for the like sum each before the arresting officer 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.
c. Petitioner shall not engage in money lending business without permission from the appropriate authority.
d. Petitioner shall not influence or intimidate any of the witnesses.
e. Petitioner shall not get involved any offence during the period of this bail.
f. In case any of conditions Nos.(b) to (e) is violated, it is open to the investigating officer to file application before the jurisdictional 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