Petitioner is accused in Crime No.267 of 2014 of the Adhur Police Station for the offences punishable under Section 420 of the Indian Penal Code, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that as per agreement dated 18.12.2013, the petitioner purchased a tipper lorry but did not pay the amount due to the bank and to the de facto complainant or discharge tax liability.
3. Learned counsel submitted that the allegations are not true. According to the learned counsel, vehicle has been taken to custody in connection with another case.
4. Learned Public Prosecutor was not able to confirm whether the vehicle was taken to custody in this case or in another case.
5. Having regard to the circumstances of the case I am inclined to issue directions.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.267 of 2014 of the Adhur Police Station on 25.06.2014 at 10.00 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 produced before the jurisdictional magistrate the same day.
(iv) On such production, in case the vehicle involved is either recovered or seized by the police either in Crime No.267 of 2014 or in any other case, the petitioner shall be released (if not required to be detained otherwise) on his executing bond for Rs.20,000/- (Rupees twenty five 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 report to the officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until final report is filed, whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(v) 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 v. State of Kerala (AIR 2006 SC 100).
It is directed that in case the vehicle is not seized or recovered either in this case or in any other case, this order granting pre-arrest bail will cease to be effective. In that event the petitioner shall be produced before the jurisdictional magistrate as early as possible where it is open to the petitioner to seek regular bail.
THOMAS P. JOSEPH, JUDGE.
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