LAWS(KER)-2014-7-291

SURESH Vs. THE STATE OF KERALA

Decided On July 14, 2014
SURESH Appellant
V/S
THE STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONER is accused in Crime No.1309 of 2014 of the North Paravur Police Station for the offences punishable under Sections 408 and 420 of the Indian Penal Code, Secs. 13 and 17 of the Kerala Money Lenders Act, Sec. 3 of the Exorbitant Interest Act, 2012, apprehends arrest and has filed this application.

(2.) LEARNED Public Prosecutor has opposed the application. It is submitted that the de facto complainant borrowed Rs.10,000/ - on condition of payment of interest at the rate of Rs.700/ - per month and as security, signed blank cheques and stamp papers were given. The de facto complainant repaid the amount bu the documents are not returned. It is also submitted that though a search was conducted in the premises of the petitioner nothing incriminating could be seized.

(3.) HAVING regard to the circumstances of the case I am satisfied that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions.