Petitioner is accused in Crime No.321 of 2014 of the Aryanad Police station for the offences punishable under Sec.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 22.03.2014, the petitioner who is a ticket examiner of the KSRTC assaulted driver of the same department and caused obstruction to the discharge of his official duty.
3. Learned counsel submitted that the allegations are not true. There happened to be dispute with the defacto complainant while the petitioner was examining tickets. The petitioner was assaulted and was admitted in the Medical College Hospital, Thiruvananthapuram.
4. Having regard to the relevant circumstances, 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.321 of 2014 of the Aryanad Police station on 28.05.2014 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 the petitioner is arrested, he shall be released by the arresting officer on bail on the petitioner executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:
a) Petitioner shall report to the investigating officer as and when required for interrogation at all reasonable time.
b) Petitioner shall not get involved any offence during the period of this bail.
c) Petitioner shall not influence or intimidate the witnesses.
d) In case any of the above conditions is violated, it is open to the investigating officer to file application before the jurisdictional 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