Petitioner is the first accused in Crime No.505 of 2014 of the Mattannur Police Station for the offences punishable under Sections 332 & 427 of the Indian Penal Code, Section 132(1) read with Section 179 of the Motor Vehicle Act, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 15.05.2014 at about 9.40 a.m. while the de facto complainant and other police officials were on law and order duty, found the petitioner riding a motor cycle without wearing helmet and in spite of direction to stop the vehicle, the petitioner did not. Instead, the motor cycle hit one of the constables and sped away.
3. Learned counsel submits that the allegations are not true. According to the learned counsel, the police officials pushed the de facto complainant, he fell down, the motor cycle hit another vehicle and allegedly damaged that vehicle.
4. On hearing both sides, I am satisfied that 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:
1. Petitioner shall surrender before the officer investigating Crime No.505 of 2014 of the Mattannur Police Station on 26.06.2014 at about 10 am for interrogation.
2. 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.
3. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
4. On such production, the petitioner shall be released on bail, if not required to be detained otherwise on his executing bond of `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 report to the investigating officer 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. In case any of condition Nos.(b) to (d) 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 v.State of Kerala [AIR 2006 SC 100].
AMV sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE