Petitioner apprehends arrest by Pathanamthitta Police in Crime No.869/2014 registered for the offences punishable under Sections 17 of Kerala Money Lenders Act (hereinafter referred to as “the Act”) and Sections 3 read with 9 of Kerala Prohibition of Charging of Exorbitant Interest Act. 2. I have heard the learned Public Prosecutor and learned counsel.
3. Petitioner is the Manager of Pathanamthitta Branch of M/s.Shriram Transport Finance Company. There was a direction to the said Company and like Companies to obtain licence under the Act which the Association of such Companies questioned in a writ petition. The writ petition was dismissed and the appeal was also dismissed. Now the matter is pending in the Supreme Court. That court has issued an order of status-quo. According to the learned counsel, the Company is a non-Banking Financial Institution covered by the provisions of the RBI Act and hence not bound to take licence under the Act.
4. In similar matters taking note of the order of the Supreme Court also. I have granted relief.
True, learned Public Prosecutor has a case that certain other documents were also seized and a separate case is registered.
Now I am concerned with Crime No.869 of 2014. Having heard both sides, I am inclined to think that the custodial interrogation of the petitioner is not necessary.
The application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.869 of 2014 of the Pathanamthitta Police Station on 20.06.2014 at 10.00AM for interrogation.
(ii) If interrogation of the petitioner could not be completed that day, they shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply.
(iii) Petitioner shall co-operate with the investigation of the case and shall produce the documents if any required by the investigating officer and in his custody, control and possession.
(iv) In case arrest of the petitioner is recorded, he shall be released by the arresting officer on his executing bond for ₹ 25,000/-
(Rupees twenty five thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:
(a) Petitioner shall report to the officer investigating the case as and when required for interrogation at all reasonable time and place.
(b) Petitioner shall co-operate with the investigation of the case.
(c) It is made clear that in case any of condition Nos.(a) & (b) is violated, it is open to the investigating officer to seek cancellation of the bail granted hereby by moving application before the jurisdictional magistrate as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P.JOSEPH, JUDGE das // True copy // PA to Judge