Petitioner apprehends arrest in Crime Nos.648 and 649 of 2014 of the Alathur Police Station for the offences punishable under Sections 17 and 18A of the Kerala Money Lenders Act and Sec.3 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012 and has filed these applications. 2. Learned Public Prosecutor has opposed the applications. It is submitted that Crime No.648 of 2014 was registered on a complaint from the de facto complainant alleging that he had borrowed Rs.4,00,000/- from the petitioner and had given a signed blank cheque as security. Petitioner demanded exorbitant interest. He filed complaint under Section 138 of the Negotiable Instruments Act in the court of learned Judicial First Class Magistrate, Alathur misusing the cheque. Crime No.649 of 2014 is registered on the information received by the police that the petitioner is engaged in money lending business without licence.
3. Learned counsel submitted that the petitioner has filed complaint in the court of learned Judicial First Class Magistrate, Alathur under Sec.138 of the NI Act.
4. It is revealed that though the premises of the petitioner was searched, nothing incriminating could be seized. In the circumstances I am satisfied that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions.
Applications are allowed as under:
(i) Petitioner shall surrender before the the Officer investigating Crime Nos.648 and 649 of 2014 of the Alathur Police Station on 26.06.2014 at 10.00 a.m for interrogation.
(ii) If interrogation of the petitioner is not completed that day, he shall appear before the officer investigating the case on the day/days and time directed by him which the petitioner shall comply.
(iii) In case the petitioner is arrested, he shall be released (if not required to be detained otherwise) on bail by the arresting Officer 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 co-operate with investigation of the case.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(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) Petitioner shall not engage in money lending business without licence from the appropriate authority.
(iv) In case the petitioner violates any of conditions (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).
THOMAS P. JOSEPH, JUDGE.
vsv