Petitioners apprehend arrest in Crime No.726 of 2014 of the Palarivattom Police Station for the offences punishable under Section 18 of the Kerala Money Lender's Act of 1958 and Section 4 of the Kerala Prohibition of Charging Exorbitant Interest Act of 2012 and have filed the application. 2. The learned Public Prosecutor has opposed the application. It is submitted that the first petitioner is not so far arrayed as an accused in the case. Second petitioner is the first accused. Petitioners are engaged in money lending business in partnership under the name and style “S.T.Finance”. The second accused is their collection agent. He was arrested while engaged in collecting money from shops.
3. The learned counsel submits that the petitioners are running a firm. They have obtained licence (Annexure- A2).
4. It is revealed that there was no search in the house or house of any of the petitioners or the second accused. In these circumstances, I am inclined to grant relief to the second petitioner.
The application is disposed of as under:
I. Since the first petitioner is not so far arrayed as an accused, he cannot have any apprehension of arrest now. It is directed that in case the first petitioner is required to be questioned in this case, notice shall be issued to the first petitioner under Section 41A of the Cr.P.C.
II. Second petitioner shall surrender before the officer investigating the case on 17.06.2014 at 10 am.
3. In case interrogation is not completed that day, the second petitioner shall appear before the officer investigating the case or any other day/days and time as directed by the investigating officer.
4. It is open for the second petitioner to produce all the relevant records in his custody, control and possession and relating to the matter before the investigating officer.
5. In case the second petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
6. On such production, the second petitioner shall be released if not required to be detained otherwise on his executing bond of `20,000/- (Rupees twenty thousand only) each with two sureties each 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 second petitioner.
b. Second petitioner shall report to the investigating officer as and when required for interrogation.
c. Second petitioner shall not intimidate or influence the witnesses.
d. In case the second petitioner violate any of conditions Nos.(b) & (c), bail granted to him hereby is liable to be cancelled on the investigating officer moving application before the learned Magistrate as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100] AMV THOMAS P. JOSEPH JUDGE