Petitioner is accused in Crime No.574 of 2014 of the Alathur Police Station for the offences punishable under Secs.3 and 9(a) of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012, 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 the information that the petitioner is engaged in money lending business without license and realising exorbitant interest, house of the petitioner was searched on 11.05.2014 and `1,13,355/-, two signed cheques and 5 diaries were seized.
3. Learned counsel submits that the petitioner is running a banyan manufacturing unit in Tamil Nadu and sells banyan waste in kerala. In connection with that, one Suresh Babu had issued the cheques as sworn by him in Annexure-C, affidavit. Petitioner is not conducting any money lending business.
4. Having regard to the relevant circumstances, 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.574 of 2014 of the Alathur 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) by the arresting officer 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) Petitioner shall not engage in money lending business without license from the appropriate authority.
(b) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(c) Petitioner shall not get involved in any offence during the period of this bail.
(d) Petitioner shall not intimidate or influence the witnesses.
(e) In case the petitioner violates any of condition Nos.(a) to (d), 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