Petitioner is accused in Crime No.300 of 2014 of the Vandanmedu Police Station for the offences punishable under Section 420 of the Indian Penal Code, Section 17 of the Kerala Money Lenders Act 1958, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that as per version of the de facto complainant, his sister had borrowed `50,000/- from M/s.Royal Finance run by the petitioner and given signed blank cheques, stamp papers etc, as security. Though, `79,000/- was returned, the documents are not given back to sister of the de facto complainant. A search was conducted in the premises of the petitioner on 04.06.2014. Demand promissory note and some registers relating to chitty transactions were seized.
3. Learned counsel submits that the allegations are not true.
4. On hearing both sides. It is revealed that the documents pertaining to the alleged chitty transactions were returned to the petitioner himself.
5. Having regard to the relevant circumstances, I am inclined to think that the 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 :
1. Petitioner shall surrender before the officer investigating the case on 07.07.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days and time as directed by the investigating officer.
3. The petitioner shall co-operate with investigation of the case.
4. In case the petitioner is arrested, he shall be released on bail (if not required to be detained otherwise) by the arresting officer on his executing bond for `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 report to the investigating officer as and when required for interrogation.
c. Petitioner shall not influence or intimidate any of the witnesses.
d. Petitioner shall not engage in money lending business without licence.
e. Petitioner shall not get involved any offence during the period of this bail.
f. In case any of conditions Nos.(b) to (e) is violated, it is open to the investigating officer to file application before the jurisdictional magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
AMV sd/-
THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE