Petitioners are accused Nos. 1 and 2 in Crime No.525 of 2011 of the Kelakam Police Station for the offences punishable under Sections 417 and 420 r/w Section 34 of the Indian Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has submitted that according to the de facto complainant the petitioners as office bears of a Samithi availed loan but did not repay the amount. Final report is filed in the JFMC-Koothuparamba.
3. Learned counsel submits that the case is now pending in the JFMC-Koothuparamba as C.C.No.1066 of 2014.
4. In the circumstances, I am inclined to think that custodial interrogation of the petitioners is not required. I am inclined to grant relief but subject to conditions.
Application is allowed as under:
(i) Petitioners are granted bail in Crime No.525 of 2011 of the Kelakam Police Station (C.C.No.1066 of 2014 of the JFMC- Koothuparamba).
(ii) Petitioners shall surrender before the learned JFM- Koothuparamba on or before 28.06.2014.
(iii) On such surrender the petitioners 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 the close relative of any of the petitioners.
(b) Petitioners shall report to the officer who has investigated the case if and when required for interrogation.
(c) Petitioners shall not get involved in any offence during the period of this bail.
(d) Petitioners shall not intimidate or influence the witnesses.
(iv) In case the petitioners violate any of condition Nos.
(b) to (d), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
(v) It is directed that in case the petitioners do not surrender before the learned JFM as aforesaid, this order granting bail would cease to be effective on the expiry of time granted hereby.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge