Robin Xavier vs The State of Kerala

Thomas P. Joseph, J.—Petitioner is accused in Crime No. 1400 of 2014 of the Kothamangalam Police Station for the offences punishable u/s 17 of the Kerala Money Lenders Act 1958, Sections 3 & 4 of the Kerala Prohibition of Charging Exorbitant Interest Act, Sections 420, 468 and 471 of the Indian Penal Code, apprehends arrest and has filed the application.

Learned Public Prosecutor has opposed the application. It is submitted that on getting information about the petitioner engaging in money lending business without authority and charging exorbitant interest, The police searched house of the petitioner on 13.06.2014 and seized 81 signed blank cheque leaves, 50 demand promissory notes and 20 RC books. Petitioner was not able to give proper explanation for the same.

Learned Senior Advocate submits that the petitioner is engaged in money lending business on the strength of Annexure-B, licence issued from the Commercial Taxes Department, Government of Kerala. It is submitted that the documents seized are pretty old and obtained at a time when father of the petitioner was engaged in money lending business. He died about five years back. It is submitted that the petitioner is not claiming any right or interest based on any of the documents seized by the police in the search on 13.06.2014.

In the light of the above submission and Annexure-B, I am inclined to think that the 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:

Petitioner shall surrender before the officer investigating the case on 07.07.2014 at about 10 am for interrogation.

In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days at reasonable time and place as directed by the investigating officer.

In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.

On such production, the petitioner shall be released on bail, if not required to be detained otherwise on his executing bond of 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 file affidavit while executing the bail bond that he is not claiming any right or relief based on any of the documents seized by the police in the search held on 13.06.2014 (as submitted by the petitioner through the Senior counsel).

c. Petitioner shall report to the investigating officer as and when required for interrogation at all reasonable time and place.

d. Petitioner shall not get involved in any offence during the period of this bail.

e. Petitioner shall not influence or intimidate any of the witnesses.

f. In case any of conditions Nos. (b) to (e) 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 @ Thammanam Shaji Vs. State of Kerala, .