Petitioner is accused in Crime No.522 of 2014 of the Ottappalam Police Station for the offences punishable under Sections 3 and 7 of the Kerala Money Lenders, Secs.3 and 9 of the Kerala Prohibition of Charging Exorbitant Interests Act, 2012, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on getting information that the petitioner is engaged in money lending business without authority, house of the petitioner was searched and several incriminating documents like 4 title deeds, Fixed Deposit Receipt worth Rs.22 lakhs and Rs.39,000/- in cash were seized.
3. Learned counsel submitted that the allegations are not true. It is submitted that the petitioner is engaged in real estate business and the Fixed Deposit Receipt is of the money he has deposited.
4. The petitioner has to explain custody of the incriminating articles and seizure of the same from his possession.
Having regard to the circumstances of the case, the request for pre-arrest bail cannot be allowed. But I am inclined to issue directions.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.522 of 2014 of the Ottappalam Police Station on 26.06.2014 at 10.00 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) After questioning the petitioner if the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production it is open to the petitioner to request for bail with intimation given to the Assistant Public Prosecutor concerned at least two working days in advance.
(v) If for any reason custody of the petitioner is required, it is open to the Officer investigating the case to move application for that purpose.
(vi) Learned magistrate shall consider the application(s) having regard to all relevant circumstances including whether detention of the petitioner is required for any purpose and pass orders as early as possible.
THOMAS P. JOSEPH, JUDGE.
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