Petitioner is accused in Crime No.481 of 2014 of the Nileshwar Police Station for the offences punishable under Sections 420, 463 and 471 of the Indian Penal Code, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner produced a birth certificate where the year of her birth was forged to facilitate her getting employment in the State Bank of Travancore.
3. Learned counsel submitted that the petitioner has studied only upto the 5th standard and she was duped by somebody.
4. On hearing both sides it is revealed that the allegation is that year of birth was corrected in the birth certificate (unauthorisedly) to facilitate the petitioner get employment since otherwise the petitioner will be age barred.
5. Having regard to the circumstances of the case I am satisfied that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief.
Application is allowed as under:
(i) Petitioner shall surrender before the the Officer investigating Crime No.481 of 2014 of the Nileshwar Police Station on 05.07.2014 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 at reasonable time and place as directed by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, she shall be produced before the jurisdictional magistrate the same day.
(iv) On such production, the petitioner shall be released on bail (if not required to be detained otherwise) on her 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) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(b) Petitioner shall not get involved in any offence during the period of this bail.
(c) Petitioner shall not intimidate or influence the witnesses.
(v) In case the petitioner violates any of conditions (a) to (c), 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).
THOMAS P. JOSEPH, JUDGE.
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