Petitioners apprehend arrest in Crime No.728 of 2014 of the Museum Police Station (later transferred to the Peroorkada Police and re-registered as Crime No.640 of 2014) for the offences punishable under Sec.420 of the Indian Penal Code, Secs.13 and 14 of the Kerala Money Lenders Act and Secs.3 and 4 of the Kerala Prohibition of Charging exorbitant Interest Act.
2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioners are engaged in money lending business without authority and that as per version of the de facto complainant, they had lent money to the de facto complainant in 2010 on exorbitant interest and obtained cheques, signed blank papers etc which are misused. It is also submitted that investigation conducted so far revealed that there were other transactions also between the petitioners, de facto complainant and others for purchase of property, etc. and there was dispute regarding sharing of profits. Petitioners are to be interrogated to ascertain the real facts.
3. Learned counsel submits that the allegations are not true. There was an agreement for sale executed by the de facto complainant for himself and on behalf of his wife and son in favour of the petitioners 1 and 2 for payment of amount mentioned therein. De facto complainant filed O.S.No.41 of 2014 in the Munsiff's Court, Nedumangad requesting to enforce the said agreement.
4. In the nature of the allegations and counter allegations which is to be investigated it is necessary that the petitioners are interrogated by the police. In the circumstance, I am inclined to issue directions.
Resultantly this application is disposed of as under:
(i) Petitioners shall surrender before the officer investigating Crime No.728 of 2014 of the Museum Police Station on 06.06.2014 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 petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) Petitioners shall co-operate with the investigation of the case.
(iv) It is open to the petitioners to produce before the investigating officer all the relevant records in their custody, control and possession.
(v) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(vi) On such production it is open to the petitioners to request for bail with intimation given to the Assistant Public Prosecutor concerned atleast two working days in advance.
(vii) In case custody of the petitioners is required, it is open to the Investigating Officer to move application before the learned magistrate.
(vii) Learned magistrate shall consider the application(s) on merit having regard to all relevant circumstances bearing in mind the question whether custody of the petitioner is required for any purpose and pass appropriate orders as early as possible.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge