These applications are preferred by the petitioner, apprehending arrest by the Nadakkavu Police in Crime Nos.415 and 451 of 2014, the former for offences punishable under Sections 294(b), 506(i), 465, 468, 471 read with Section 34 of the Indian Penal Code (for short, “the IPC”) and Section 17 of the Kerala Money Lenders Act 1958 (for short, “the Act), and the latter, for offences punishable under Section 506(i) of the IPC and Section 3 read with Section 17 of the Act, and has filed the application. 2. Learned Public Prosecutor has opposed the applications. It is submitted that as per version of the de facto complainants in the respective crimes, they had borrowed money from the petitioner and others and re-paid the same. But the petitioner and others are demanding further amount. For that purpose, they are threatening the de facto complainants.
3. Learned counsel submits that the allegations are not true. It is submitted that though the premises of the petitioner was searched, nothing incriminating could be recovered. It is also submitted that the persons in whose favour the de facto complainant issued cheques have filed complaints under Section 138 of the NI Act.
4. In view of what is stated above, 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 applications are allowed as under :
1. Petitioner shall surrender before the officer(s) investigating Crime Nos.415 & 451 of 2014 of the Nadakkavu Police Station on 05.07.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer(s) 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 by the arresting officer (s) on bail in the aforesaid crimes (if not required to be detained otherwise) on the petitioner executing bond for `20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum each before the arresting officer(s) 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(s) as and when required for interrogation.
c. Petitioner shall not engage in money lending business without permission from the appropriate authorities.
d. Petitioner shall not influence or intimidate any of the witnesses.
e. Petitioners shall not get involved in 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