Petitioner is accused in Crime No.837 of 2014 of the Kollam East Police Station for the offences punishable under Sections 420, Section 511 of Section 468 of the Indian Penal Code and Sections 4 and 5 of the Chit Funds Act (for short 'the Act') apprehends arrest and has filed the application.
2. Application is opposed by the learned Public Prosecutor. It is submitted that the Police conducted a search in the office of the M/s. Bombay Chits and Finance Private Limited on 29.04.2014 and seized 79 documents including singed blank stamp papers and singed blank cheques. The Company had not obtained licence for chit business. Moreover, the Company had evaded payment of the amount due to the Government by way fee and stamp duty.
3. Learned counsel submits that the allegations are not true. According to the learned counsel there is no complaint from anybody that any document was forged by the petitioner or the Company. According to the learned counsel, it is by virtue of the decision in State of Kerala Vs. Mar Appraemkuri Company Limited [(2012) 7 SCC 106] that the Kerala Chitties Act 1975 was implidedly repealed as the Act is made applicable. It is also submitted that the petitioner has applied to the appropriate authority to compound the offences under Act on payment of the required fee. A further submission is that the petitioner is a heart patient and living with a pacemaker.
4. I am not going to the question whether the offences under the Act could be compoundable and if so, request is to be allowed or not. That is a matter which the appropriate authority has to decide. It is pointed out that the offences under Sections 4 and 5 of the Act are bailable. Since singed blank cheques and the stamp papers are seized, it appears to me that the petitioner owes an explanation for that. But, custodial interrogation of the petitioner does not appear to be necessary. Hence I am inclined to issue directions.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.837 of 2014 of the Kollam East Police Station on 02.06.2014 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) Petitioner shall produce all the relevant documents in his custody, control and possession as may be required by the investigating officer.
(iv) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(v) On such production, the petitioner shall be released on bail, (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate 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 get involved in any offence during the period of this bail.
(d) Petitioner shall not intimidate or influence the witnesses.
(e) Petitioner shall co-operate with the investigation of the case.
(f) Petitioner shall not engage in chit business except with permission as required under the Act.
(vi) In case the petitioner violates any of condition Nos.
(b) to (f), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge