Dhanesh K. vs State of Kerala

Thomas P. Joseph, J.—Petitioner is accused in Crime No.780 of 2014 of the Valapattanam Police Station for offences punishable under Sec. 420 of IPC, Secs. 6A, 17 and 18 of Kerala Money Lenders Act, apprehends arrest and has filed the application.

The application is opposed by the learned Public Prosecutor. It is submitted that premises of the petitioner was searched on 2.7.2014 and 12 signed blank stamp papers of 10, 20, 50 denomination, four signed blank cheques and two identity cards were seized.

Learned counsel submitted that the petitioner is not engaged in money lending business. He is running a workshop since 12 years and doing business of buying and selling of old vehicles. The documents seized were obtained in connection with that business. Learned counsel submits that the petitioner does not claim any amount as per the documents seized nor will use the said documents. The said submission is recorded.

In the light of the submission made by the learned counsel and other relevant circumstances, I am inclined to think that custodial interrogation of the petitioner is not required. 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.780 of 2014 of the Valapattanam Police Station on 21.7.2014 at 10 a.m. for interrogation.

(ii) If interrogation of the petitioner is not completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply.

(iii) In case the petitioner is arrested, he shall be released by the investigating officer (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 officer investigating the case as and when required for interrogation.

(c) Petitioner shall not get involved in any offence during the period of this bail.

(d) Petitioner shall not intimidate or influence the witnesses.

(e) Petitioner shall not engage in money lending business without permission from the appropriate authority.

(f) In case the petitioner violates any of conditions (b) to (e), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K. Shaji @ Thammanam Shaji Vs. State of Kerala, .