Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE2D DAY OF JULY201411TH ASHADHA, 1936 Bail Appl..No. 4643 of 2014 (A) ------------------------------------------ [CRIME NO. 636/2014 OF THE KONDOTTY POLICE STATION , MALAPPURAM DISTRICT] ............. PETITIONER/ACCUSED: ---------------------------------- RASHEED .T.P., S/O. MUHAMMED, AGED24YEARS, THACHAPARAMBAN, MALAYIL HOUSE, KUZHIMANNA P.O, MALAPPURAM DISTRICT. BY ADVS.SRI.BABU .S. NAIR, SRI.RAKESH.K. RESPONDENT/STATE: -------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31, THROUGH THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI. C. RASHEED. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0207-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. THOMAS P. JOSEPH, J.
----------------------------- Bail Appl.No. 4643 of 2014 () ---------------------------------------- Dated this the 2nd day of July, 2014 ORDER
Petitioner is accused in Crime No. 636 of 2014 of the Kondotty Police Station for the offences punishable under Section 3 and 17 of the Kerala Money Lenders Act, Section 3 read with Section 4 of the Prohibition of Charging Exorbitant Interest Act, apprehends arrest and has filed the application. 2.Learned Public Prosecutor has opposed the application. It is submitted that on the information that petitioner is engaged in money lending business without authority, office of the petitioner was searched on 26.05.2014 and five signed blank stamp papers, one signed blank white paper, nine signed blank cheque leaves and the RC book of a car belonging to Jameela were seized. Interrogation is required. 3.Learned counsel submits that the petitioner is engaged Bail Appl.No. 4643 of 2014 () 2 in sale of old vehicles and the police collected certain papers from a carton kept in the storeroom of the petitioner. Those are old documents pertaining to sale of vehicles. 4.I am inclined to think that the petitioner owes an explanation for custody of the seized documents. I am inclined to issue directions. The application is disposed of as under : a The petitioner shall surrender before the officer investigating the case on 09.07.2014 at 10 a.m. b. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days and time as directed by the investigating officer. c. It is open to the petitioner to produce Bail Appl.No. 4643 of 2014 () 3 all the relevant records in his custody, control and possession before the investigating officer relating to the matter under investigation. d. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day, where it is open for the petitioner to request for regular bail with intimation given to the Assistant Public Prosecutor concerned at least two working days in advance. e. If custody of the petitioner is required for any purpose, the investigating officer can move application for the purpose. f. Learned magistrate shall consider the application(s) having regard to all relevant circumstances including whether custody of the petitioner is Bail Appl.No. 4643 of 2014 () 4 required for any purpose and pass appropriate orders as early as possible. Sd/- THOMAS P. JOSEPH JUDGE AMV /TRUE COPY/ P.A.TO JUDGE