Petitioner is accused in Crime No.891 of 2014 of the Thodupuzha Police Station for the offences punishable under Sections 420 and 468 of the Indian Penal Code, Sec.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 getting information about the petitioner engaged in money lending business without authority, his premises was searched and 16 signed blank cheque leaves and 11 signed stamp papers were seized.
3. Learned counsel submitted that the allegations are not true. It is submitted that petitioner is engaged in rent a car business, sale of used cars and used to obtain documents like the one seized as security while renting cars. It is submitted that the petitioner is not engaged in money lending business. It is also submitted that the petitioner has not lent money to anybody. Petitioner is willing to file affidavit to that effect before the jurisdictional magistrate. rt below.
4. In the circumstances of the case I am satisfied that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief.
Application is allowed as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.891 of 2104 of the Thodupuzha Police Station on 27.06.2014 at 10.00 a.m for interrogation.
(ii) 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.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production learned magistrate shall release the petitioner on bail on his executing bond for Rs.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) Petitioner shall file affidavit in the court of learned magistrate to that even as on the date of filing the affidavit, he has not lent money to anybody.
(b) Petitioner shall co-operate with the investigation of the case.
(c) Petitioner shall report to the Officer investigating the case as and when required for interrogation.
(d) Petitioner shall not get involved any offence during the period of this bail.
(e) Petitioner shall not engage in money lending business without permission from the appropriate authority.
(f) Petitioner shall not intimidate or influence the witnesses.
(v) In case the petitioner violates any of conditions (b) to (f), it is open to the investigating Officer to move the learned 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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