Petitioner is accused in Crime No.873 of 2014 of the Thodupuzha Police station for the offences punishable under Sec.420 of the Indian Penal Code, Sec.17 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 reliable information that the petitioner is engaged in money lending business, the Police searched premises of the petitioner on 11.05.2014 and seized 6 signed blank cheque leaves, 4 cheques filled up, 7 blank stamp papers of 100 rupee denominations, 1 signed blank stamp paper of 50 rupee denomination and 2 RC books belonging to various persons.
3. Learned counsel submitted that the allegations are not true and that the petitioner is not engaged in money lending business.
4. In the nature of allegations made, I am inclined to think that the petitioner has to explain his alleged custody of the documents allegedly seized. Request for pre arrest bail cannot be allowed. But I am inclined to issue directions.
Application is disposed of as under.
1. Petitioner shall surrender before the officer investigating Crime No.873 of 2014 of the Thodupuzha Police station on 04.07.2014 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 and time.
3. Petitioner shall co-operate with investigation of the case.
4. In case arrest of the petitioner is recorded, 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 two working days in advance.
5. If custody of the petitioner is required for any purpose, the investigating officer also can move application before the learned magistrate.
6. Learned magistrate shall consider the application(s) having regard to all relevant circumstances including whether detention of the petitioner is required for any purpose and pass appropriate orders as early as possible.
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THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge