Petitioner is accused in Crime No.588 of 2014 of the Ezhukone Police station for the offences punishable under Secs.4, 5 and 17 of the Money Lenders Act, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that house of the petitioner was searched on 21.05.2014 and a blank stamp paper of the year 2010 purchased in the name of one Vijayamma, diaries and Rs.9000/- in cash were seized. The petitioner is engaged in money lending business without authority.
3. Learned counsel submits that the allegations are not true. It is submitted that the blank stamp paper was obtained to prepare a rent agreement between the petitioner and the said Vijayamma whose house the petitioner had purchased and as she wanted to stay in the same house. It is also submitted that the petitioner availed loan from the Co-operative Bank on the security of the said property.
4. Having regard to the circumstances above stated, I am inclined to think that the petitioner has to explain the circumstances in which the documents happened to be kept by him.
The application is disposed of with the following directions.
1. Petitioner shall surrender before the officer investigating Crime No.588 of 2014 of the Ezhukone Police station on 16.06.2014 at 10.00 a.m. for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day where it is open to the petitioner to request for 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, it is open to the investigating officer to move application before the learned magistrate for the purpose.
5. Learned magistrate shall consider the application(s) having regard to all relevant circumstances including whether detention of the petitioner is required for seizure of any documents and pass appropriate orders as early as possible.
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THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge