Petitioner is accused in Crime No.296 of 2014 of the Elathur Police Station for the offences punishable under Sec.511 of 465 of the Indian Penal Code, Secs.6A, 17 and 18(A) 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 getting information about the petitioner engaged in money lending without authority, the police searched the house of the petitioner on 24.05.2014 and seized 7 signed cheque leafs for various amounts.
3. Learned counsel submits that the allegations are not true. Learned counsel for the petitioner in Crl.M.A.No.5675 of 2014 submitted that the cheques seized by the police were issued by the 6 persons who have sworn notary attested affidavits (produced along with Crl.M.A.No.5675 of 2014).
4. In the nature of the allegations made against the petitioner, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions.
The application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.296 of 2014 of the Elathur Police Station on 07.07.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed 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) Petitioner shall co-operate with investigation of the case.
(iv) In case arrest of the petitioner is recorded, he shall be released by the arresting officer on bail (if not required to be detained otherwise) on his executing bond for `20,000/- (Rupees Twenty 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 the petitioner.
(b) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(c) Petitioner shall not engage in money lending business without license from the appropriate authority.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case the petitioner violates any of condition Nos.(b) to (e), it is open to the investigating officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge