Petitioner apprehends arrest by the Palakkad Town South police in Crime No.737 of 2014 for the offences punishable under Secs.294(b) and 506(i) of the Indian Penal Code and Sec.3 of the Prohibition of Charging Exorbitant Interest Act and has filed this application.
2. Learned Public Prosecutor while opposing the application has submitted that the petitioner is engaged in money lending without authority, charging exorbitant interest. The de facto complainant had borrowed `5,00,000/- from the petitioner on 08.10.2013 and paid `7,00,000/- but, the petitioner is demanding further amount and forced him to sign certain papers.
3. Learned counsel submits that the de facto complainant has executed sale agreement in favour of the petitioner receiving `5,00,000/- by way of advance. Other allegations are not true.
4. It is revealed that there was no seizure of any other document. Having regard to the relevant circumstances, I am inclined to think that custodial interrogation of the petitioner is not necessary. Hence I am inclined to grant relief but subject to conditions.
The application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.737 of 2014 of the Palakkad Town South Police Station on 17.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be released by the arresting officer on bail (if not required to be detained otherwise) on his executing bond for `20,000/- (Rupees Twenty Thousand Only) each with two sureties each for the like sum each before the arresting officer and subject to the following conditions:
(a) Petitioner shall not engage in money lending without obtaining permission from the appropriate authority.
(b) Petitioner shall report to the officer investigating Crime No.737 of 2014 of the Palakkad Town South Police Station on all alternate Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(c) Petitioner shall report to the Investigating Officer as and when required for interrogation at reasonable time and place.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case the petitioner violates any of condition Nos.(b) to (e), it is open to the investigating officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge