Petitioners are accused Nos.1 and 3 in Crime No.1109 of 2012 of the Eravipuram Police Station (now being investigated by Crime Detachment, Kollam city as Crime No.1109 of 2012) for offences under Sec.120B, 405 and 420 of the Indian Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that before 2012, at a time when the petitioners were in Saudi Arabia they collected money from various persons on promise to return the same in gold in the State of Kerala. Those persons were cheated. Interrogation is required.
3. Learned counsel submits that the allegations are not correct. It is also submitted that even as per the prosecution case, around `14,00,000/- was returned to the first complainant in the complaint.
4. Having regard to the relevant circumstances, I am inclined to think that interrogation of the petitioners is required though custodial interrogation is not required. Hence I am inclined to grant relief but subject to conditions.
The application is allowed as under:
(i) Petitioners shall surrender before the officer investigating Crime No.1109 of 2012 of the Eravipuram Police Station on 17.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) Petitioners shall co-operate with the investigation of the case.
(iv) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(v) On such production, the petitioner s shall be released on bail (if not required to be detained otherwise) on their executing bond for `20,000/- (Rupees Twenty Thousand Only) each with two sureties each 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 any of the petitioners.
(b) Petitioners shall surrender their passports before the learned magistrate while executing the bail bonds and in case they have none, file affidavit to that effect.
(c) Petitioners shall report to the officer investigating the case on all alternate Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(d) Petitioners shall report to the Investigating Officer as and when required for interrogation at reasonable time and place.
(e) Petitioners shall not get involved in any offence during the period of this bail.
(f) Petitioners shall not intimidate or influence the witnesses.
(g) In case the petitioners violate any of condition Nos.(c) to (f), it is open to the investigating officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
(h) In case the petitioners surrender the passport as aforesaid and it is required to be returned, application for that may be preferred before the learned magistrate.
Sbna Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge