Petitioner is the accused in Crime No.618 of 2014 of the Kovalam Police Station for offences punishable under the Kerala Money Lender's Act, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on the information that the petitioner is engaged in money lending business without authority, the Police searched premises of the petitioner on 18.05.2014 and seized six signed blank cheques, one demand promissory note, two signed blank papers with revenue stamps affixed on it and `41,850/-. Petitioner has to be interrogated.
3. The learned counsel submits that the allegations are not true.
Though, for sometime the petitioner used to render financial assistance to certain persons in a small way, on account of illness including cardiac problems he stopped that business in 2010. Learned counsel invited my attention to the various documents produced to support illness and treatment.
4. In the nature of the seizure made, the petitioner owes an explanation for the same. In the circumstances, I am inclined to think that interrogation is required.
The application is disposed of as under :
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case any other day/days and time as directed by the investigating officer.
3. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day, where it is open for the petitioner to request for regular bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
4. If custody of the petitioner is required for any purpose, the investigating officer can move application for the purpose.
5. Learned magistrate shall dispose of the application(s) having regard to all relevant circumstances including whether custody of the petitioner is required for seizure of any document etc., and pass appropriate orders as early as possible.
Sd/- THOMAS P. JOSEPH JUDGE AMV /TRUE COPY/ P.A.TO JUDGE