Petitioner is accused in Crime No.286 of 2014 of the Rajakkad Police Station for the offences punishable under Section 420 of the Indian Penal Code and Secs.3 and 17 of the Money Lenders Act, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 13.05.2014 a search was conducted in the house of the petitioner and signed blank papers, signed blank cheques, agreements and other documents were seized. According to the prosecution, the petitioner is engaged in money lending without licence.
3. Learned counsel submitted that the petitioner is not engaged in money lending business. It is submitted that the patta, etc., related to the property belonging to the petitioner. He has also an explanation for the presence of signed blank papers found at the time of search.
4. Petitioner has to offer the explanation initially before the Officer investigating the case. Petitioner has to be questioned.
Having regard to the relevant circumstances I am inclined to issue the following directions:
(i) Petitioner shall surrender before the Officer investigating Crime No.286 of 2014 of the Rajakkad Police Station on 05.06.2014 at 10.00 a.m. for interrogation.
(ii) In case interrogation is not completed on that day, it is open to the Officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) After questioning the petitioner if he is arrested, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production it is open to the petitioner to move application for bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
(v) If for any reason custody of the petitioner is required, it is open to the Officer investigating the case to move application for that purpose.
(vi) Learned magistrate shall consider the application having regard to all relevant circumstances including whether any recovery is to be effected at the instance of the petitioner and for that purpose his custody is required and pass appropriate orders as early as possible.
The application is disposed of as above.
THOMAS P. JOSEPH, JUDGE.
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