Petitioner is accused in Crime No.671 of 2014 of the Puthoor Police Station for the offences punishable under Sections 3 and 17 of the Kerala Money Lenders Act, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 11.05.2014 house of the petitioner was searched and 15 blank cheque leaves and Rs.24,000/- in cash were seized.
3. Learned counsel submitted that wife of the petitioner is running a money lending business and has obtained Annexure- 1, licence for the said business.
4. Having regard to the circumstances of the case I am satisfied that custodial interrogation of the petitioner is not required. But he has to be questioned by the police. Hence I am inclined to grant relief.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.671 of 2014 of the Perambra Police Station on 19.06.2104 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 as directed by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be released by the arresting officer on bail (if not required to be detained otherwise) 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 not engage in money lending business without licence 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.
(v) In case the petitioner violates any of conditions (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 v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
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