Petitioners are accused in Crime No.591 of 2014 of the Kovalam Police Station for the offences punishable under Sections 12, 13 and 17 of the Kerala Money Lenders Act, apprehend arrest and have filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 12.05.2014 house of the petitioner was searched and 5 signed blank cheque leaves, 14 signed blank papers and a demand promissory note were seized.
3. Learned counsel submitted that the allegations are not true. One of the documents seized relates to money borrowed by the sister of the 1st petitioner from the 2nd petitioner.
4. Having regard to the relevant circumstances I am inclined to grant relief to the 1st petitioner since her custodial interrogation is not required. But the 2nd petitioner has to explain custody of the documents allegedly seized from his house.
The application is disposed of as under:
I (i) The petitioners shall surrender before the Officer investigating Crime No.591 of 2014 of the Kovalam Police Station on 19.06.2104 at 10.00 a.m. for interrogation.
(ii) If interrogation of the petitioners is not completed that day, they shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioners shall comply.
(iii) In case the 1st petitioner is arrested, she shall be released on bail (if not required to be detained otherwise) by the arresting officer on her executing bond for Rs.15,000/- (Rupees Fifteen thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:
(a) One of the sureties shall be a close relative of any of the petitioners.
(b) The 1st petitioner shall report to the officer investigating the case as and when required for interrogation at all reasonable time and place.
(c) The 1st petitioner shall not get involved in any offence during the period of this bail.
(d) The 1st petitioner shall not intimidate or influence the witnesses.
(iv) In case the 1st petitioner violates any of condition Nos.(b) to (d), it is open to the investigating Officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
II. (i) In case the 2nd petitioner is arrested, he shall be produced before the jurisdictional magistrate on the day of arrest itself.
(ii) On such production, it is open to the 2nd petitioner to move application for bail before the learned magistrate with intimation given to the Assistant Public Prosecutor concerned, at least two working days in advance.
(iii) If for any reason custody of the 2nd petitioner is required, it is open to the Officer investigating the case to move application for that purpose.
(iv) Learned magistrate shall consider the application(s) on its merit having regard to all relevant circumstances including whether custody of the 2nd petitioner is required for seizure of any document and pass orders as early as possible.
THOMAS P. JOSEPH, JUDGE.
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