Petitioner is accused in Crime No.602 of 2014 of the Kazhakuttom Police Station for the offences punishable under Secs.17 and 18(A) of the Money Lenders Act, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on getting reliable information regarding involvement of the petitioner in money lending business without authority, the police searched his premises on 15.04.2014, seized 4 signed blank cheque leafs and 5 signed blank stamp papers of `50/- each.
3. Learned counsel submits that the petitioner is not engaged in money lending. He is a retired Army man doing business in tender coconuts. The seized documents were taken when bulk orders were received. It is also submitted that nobody had made any complaint against the petitioner for engaging in money lending business.
4. Having regard to the nature of allegations, I am inclined to think that custodial interrogation of the petitioner is not required.
Hence I am inclined to grant relief but subject to conditions.
The application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.602 of 2014 of the Kazhakuttom Police Station on 27.06.2014 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.
(iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for `20,000/- (Rupees Twenty 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 not engage in money lending business without license from the appropriate authority.
(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) In case the petitioner violates any of condition Nos.(b) to (e), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge