Petitioner apprehends arrest in Crime No.500 of 2014 of the Mattancherry Police Station for the offences punishable under Sections 3 and 4 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012, Sections 3 and 17 of the Kerala Money Lenders Act and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 15.05.2014 getting information that the petitioner is engaged in money lending business without authority, the Police searched his house and seized a few signed blank papers, blank cheques, white papers, voters identity card etc.
3. Learned counsel submits that the documents seized are time bared and were given by one Suresh to father of the petitioner in connection with a timber business.
4. Having regard to the nature of the documents seized, I am inclined to think that the petitioner owes an explanation in case he were possession of the documents. Hence request for pre-arrest bail cannot be allowed but I am inclined to issued directions.
Application is disposed of as under:
B.A.No.4106 of 2014 2
(i) Petitioner shall surrender before the Officer investigating Crime No.500 of 2014 of the Mattancherry 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 petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day where, it is open to the petitioner to move application for regular bail with intimation given to the Assistant Public Prosecutor concerned at least two working days in advance.
(iv) If for any reason custody of the petitioner is required, the investigating officer can move application for that purpose before the learned magistrate.
(v) Learned magistrate shall consider of the application(s) having regard to all relevant circumstances including whether custody of the petitioner is required for any purpose and pass appropriate orders as early as possible.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge