Petitioner is accused in Crime No.485 of 2014 of the Mananthavady Police station for the offences punishable under Sec.420 of the Indian Penal Code, Sec.17, 18(A) read with Sec.6(A) of the Kerala Money Lenders Act, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on getting information about the petitioner engaged in unauthorized money lending, her house was searched on 17.05.2014 and 3 singed blank cheque leaves and 6 singed blank stamp papers of 50 rupee denomination were seized.
3. Learned counsel submitted that the stamp papers are pretty old and purchased in the name of relatives of the petitioner. The cheque leaves are also old.
4. Having heard both sides, I am inclined to think that custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief to the petitioner but subject to conditions.
Application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.485 of 2014 of the Mananthavady Police station on 03.07.2014 at 10.00 am 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 at all reasonable time and place which the petitioner shall comply.
3. In case the petitioner is arrested, she shall be released by the arresting officer on bail (if not required to be detained otherwise) on her 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 report to the investigating officer as and when required for interrogation at all reasonable time and place.
c) Petitioner shall not engage in money lending business without obtaining permission from the appropriate authority.
d) Petitioner shall not get involved any offence during the period of this bail.
e) Petitioner shall not influence or intimidate the witnesses.
f) In case any of condition 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).
NS THOMAS P. JOSEPH JUDGE