Petitioner is accused in Crime No.797 of 2014 of the Shasthamcotta Police station for the offences punishable under Secs.406 and 420 of the Indian Penal Code, Sec.3 and 4 read with Secs.17 and 18A(4) of the Kerala Money Lending Act , apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that according to the defacto complainant, his father transferred the property as security for loan but the property is not reconveyed.
3. Learned counsel submitted that the allegations are not true. It is submitted that father of the defacto complainant sold the property to the petitioner in the year 2010. Mother of the defacto complainant has filed O.S. No.197 of 2013 in the Civil Court to set aside the sale deed. That suit is pending.
4. On hearing both sides, it is revealed that no incriminating documents could be seized from the possession of the petitioner. In the circumstances of the case, I am inclined to think that custodial interrogation of the petitioner is not required.
Application is allowed as under:
1. Petitioner shall surrender before the officer investigating Crime No.797 of 2014 of the Shasthamcotta Police station on 07.07.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. In case the petitioner is arrested he shall be released by the arresting officer on bail (if not required to be detained otherwise) on his executing bond for Rs.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 obtaining licence from the appropriate authority.
d) Petitioner shall not get involved any offence during the period of this bail.
e) Petitioner shall not influence or intimidate 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 jurisdictional magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge