The petitioner seeks pre-arrest bail under Section 438 Cr.P.C on the apprehension of arrest as accused in Crime No. 409/2014 of the Puthenvelikkara Police Station. The said crime was registered on the complaint of one Subash alleging that the petitioner has been demanding exorbitant interest for the money borrowed by him sometime back, and that the petitioner has not returned some documents obtained by him at the time when money was lent. 2. On hearing both sides, I find that strong and definite materials are not there to attract a prosecution under the provisions of the Kerala Money Lenders Act in this case. Individual instance of borrowal or lending, or a solitary instance of demand for exorbitant rate of interest will not attract such prosecution. It appears that the police has registered the crime under Section 420 IPC also. I find that crime was registered by the police quite mechanically without understanding the scope of a prosecution under the provisions of the Kerala Money Lenders Act and under Section B.A 4500 OF 2014
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20 of the IPC. Anyway let the petitioner be interrogated by the police as part of investigation. After necessary interrogation he can be released on bail by the learned Magistrate on appropriate conditions. When interrogated by the police the petitioner can very well explain the circumstance in which a complaint came against him.
In the result this petition is closed with direction to the petitioner to surrender before the investigating officer within seven days from this date. After necessary interrogation the petitioner shall be produced before the learned Magistrate having jurisdiction, by the investigating officer, on the same day. When moved under Section 437 Cr.P.C the question of bail on appropriate conditions can be considered by the learned Magistrate, who will dispose of the application on the date of filing itself.
P.UBAID, JUDGE sab