Petitioner is accused in Crime No.500 of 2014 of the Koyilandy Police station for the offences punishable under Secs.420 of the Indian Penal Code, Sec.3(1) read with Sec.17 of the Kerala Money Lenders Act ('the Act' for short), apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that case was registered on a complaint preferred by the defacto complainant to the Koyilandy Police stating that he had borrowed Rs.4,00,000/- from the petitioner during 2006-2007, repaid Rs.15,00,000/- but, still the petitioner is demanding money. It is further alleged that the petitioner had obtained signed blank papers etc.
3. Learned counsel submitted that the allegations are not true. The petitioner had preferred a complaint to the learned Judicial First Class Magistrate, Koyilandy against the defacto complainant for the offences punishable under Secs.460 and 468 of the Indian Penal Code. Learned magistrate took cognizance on that complaint and registered a case against the defacto complainant as C.C. No.611 of 2012. Since the defacto complainant did not appear in Court, warrant and other coercive steps were initiated against him. He surrendered on 31.01.2014 and was released on bail. According to the learned counsel, the petitioner is falsely implicated using the influence of brother of the defacto complainant who is a Constable in the same Police station.
4. On hearing both sides, it is revealed that the Police had conducted a search in the house of the defacto complainant on 14.05.2014 but nothing incriminating could be recovered. Having regard to the relevant circumstances, I am inclined to think that request for pre arrest bail could be allowed but, subject to conditions as investigation of the case should not be affected.
The application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.500 of 2014 of the Koyilandy Police station on 11.06.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
4. On such production learned magistrate shall release the petitioner on bail (if not required to be detained otherwise) on his executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties 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 petitioner.
b) Petitioner shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report whichever is earlier .
c) Petitioner shall report to the investigating officer as and when required for interrogation.
d) Petitioner shall not engage in money lending business without obtaining permission from the authorities concerned.
e) Petitioner shall not get involved any offence during the period of this bail.
f) Petitioner shall not influence or intimidate the witnesses.
g) In case any of condition nos.(b) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH NS JUDGE