Petitioner is accused in Crime No.594 of 2014 of the Kunnikkodu Police station for the offences punishable under Secs.3, 4 and 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 information that the petitioner is engaged in lending money without licence, house of the petitioner was searched on 15.05.2014 and a few diaries showing various transactions were seized.
3. Learned counsel submitted that the allegations are not true.
4. Having regard to the nature of allegations made 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.594 of 2014 of the Kunnikkodu Police station on 27.06.2014 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 which the petitioner shall comply.
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.
5. On such production learned magistrate shall release the petitioner on bail ( if not required to be detained otherwise) 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) One of the sureties shall be a close relative of the petitioner.
b) Petitioner shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report whichever is earlier.
c) Petitioner shall report to the investigating officer as and when required for interrogation.
d) Petitioner shall not engage in money lending business without licence from the appropriate authority.
e) Petitioner shall not get involved any offence during the period of this bail.
f) Petitioner shall not influence or intimidate the witnesses.
g) In case any of condition nos.(b) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge