On 28.05.2014 the Sub Inspector of Police, Puthenvelikkara conducted search in the house of the first petitioner herein on the basis of a complaint alleging that these petitioners are involved in unauthorized money lending business. Before proceeding for search the Sub Inspector had registered a crime against petitioners on the said complaint, under Section 420 IPC and under Sections 3 and 4 R/W Section 17 of the Kerala Money Lenders Act. Though vigorous search was made, nothing could be seized. During subsequent investigation also the police could not seize or recover any material showing the involvement of these petitioners in the alleged money lending business. Now, on the apprehension of arrest, as part of investigation the petitioners seek prearrest bail under Section 438 Cr.P.C. 2. As required by the court the learned public prosecutor produced the case diary along with report of the Sub Inspector, and opposed the application on the ground that investigation is not over.
3. On hearing both sides and on a perusal of the case diary I find that the petitioners can be released after necessary interrogation to find out the truth of the allegations made in the complaint. Of course, there is a definite complaint made by one Arun Kumar implicating these petitioners, that they are actually involved in unauthorized money lending business. Receiving or obtaining some documents, or even blank papers as part of a business, will not by itself constitute cheating punishable under Section 420 IPC. Of course, if the petitioners are in fact involved in unauthorized money lending business, they can definitely be proceeded against under the provisions of the Kerala Money Lenders Act. But there must be some material to implicate them. Anyway let the petitioners be interrogated by the investigating officers as part of investigation, for which they will have to surrender before the investigating officer.
In the result this petition is closed with direction to the petitioners to surrender before the investigating officer for interrogation within 7 days from this date. After necessary interrogation the petitioners shall be produced before the learned Magistrate having jurisdiction, by the investigating officer on the same day. If application is filed under Section 437 Cr.P.C for bail, it shall be judicially considered and decided on the same day by the learned Magistrate, keeping in mind the observations made above.
P.UBAID, JUDGE sab