Petitioners are accused Nos. 1, 3, 2 and 4 respectively, in Crime No.806 of 2014 of the Palluruthy Police Station for the offences punishable under Sections 506(i) r/w Section 34 of the Indian Penal Code, Sections 9(a) r/w Section 3 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012, Sections 13 and 17 of the Kerala Money Lenders Act, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that as per version of the de facto complainant, the petitioners obtained blank cheques, stamp papers etc. and document concerning property belonging to the de facto complainant. Petitioners created a rent deed as if it is executed in favour of the first petitioner.
3. Learned counsel submits that the allegations against the petitioners are not true. Petitioners had invested money in the share business run by the de facto complainant and were cheated. The petitioner preferred a complaint. De facto complainant filed W.P.(C).No.30453 of 2013 alleging Police harassment which this Court disposed of as per judgment dated 06.01.2014 observing that it is a civil disputes. Thereafter, the de facto complainant preferred a complaint against the petitioner. In the meantime, the first petitioner filed O.S.No.406 of 2013 based on rental agreement and obtained a decree for recovery of money in his favour.
4. On hearing both sides, I am inclined to think that custodial interrogation of the petitioners is not required. Hence I am inclined to grant relief but subject to conditions.
Application is allowed as under:
(i) Petitioners shall surrender before the officer investigating Crime No.806 of 2014 of the Palluruthy Police Station on 26.06.2014 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 petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) In case arrest of the petitioners is recorded, they shall be released by the arresting officer (if not required to be detained otherwise) on their executing bond for 20,000/- (Rupees twenty thousand only) each with two sureties each 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 any of the petitioners.
(b) Petitioners shall report to the Investigating Officer as and when required for interrogation at all reasonable time and place.
(c) Petitioners shall not get involved in any offence during the period of this bail.
(d) Petitioners shall not intimidate or influence the witnesses.
(e) Petitioners shall not engage in money lending business without licence.
(iv) In case the petitioners violate any of condition Nos.
(b) to (e), it is open to the investigating officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge