Petitioner is accused in Crime No.1040 of 2014 of the Kayamkulam Police station for the offences punishable under Secs.294(b) and 332 of the Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 07.04.2014 at about 8 p.m., the petitioner who is a guard of the KSRTC obstructed the Executive Magistrate and Police officer who were on election duty.
3. Learned counsel submitted that the allegations are not true. According to the petitioner, a car entered premises of the KSRTC where the petitioner is working as guard. The car was parked in the bus-bay. The petitioner asked for removal of the car. The constable on duty and the defacto complainant used filthy words at the petitioner. A complaint was preferred by the petitioner but, that was not acted upon.
4. The learned Public Prosecutor has submitted that the complaint was enquired into and found to be not true.
5. Having regard to the nature of allegations made, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief to the petitioner but subject to conditions.
The application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.1040 of 2014 of the Kayamkulam Police station on 30.05.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
4. On such production, learned magistrate shall release the petitioner on bail (if not required to be detained otherwise) on his executing bond for Rs.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 on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier.
c) Petitioner shall report to the investigating officer as and when required for interrogation.
d) Petitioner shall not get involved any offence during the period of this bail.
e) Petitioner shall not intimidate or influence the witnesses.
f) In case any of condition nos.(b) to (e) 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).
Sd/-
THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge