Petitioner apprehends arrest in Crime No.60 of 2014 of the Nilambur Police Station for the offences punishable under Sections 332 r/w Section 34 of the Indian Penal Code, Sections 3(2)(e) of the PDPP Act for allegedly causing obstruction to the official duty of a driver of the KSRTC, damaging the bus causing loss of Rs.7,100/- to the KSRTC, has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner has to be identified by the de fact complainant and others and then only whether the petitioner is involved in the case or not could be revealed.
3. Learned counsel requested for pre-bail.
4. Having regard to the relevant circumstances, I am inclined to grant relief but subject to conditions and protecting the interest of the de facto complainant also.
Application is disposed of as under:
(i) Petitioner shall surrender before the officer investigating Crime No.60 of 2014 of the Nilambur Police Station on 03.07.2014 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 petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate same day.
(iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for 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 deposit of Rs.7,500/-(Rupees seven thousand and five hundred only) in a Nationalized/Scheduled Bank/Co-operative Society in his name initally for a period of two years (renewable as per order of the learned magistrate) and produce the FD receipt before the learned magistrate while executing the bail bond.
(c) In case the case is decided against the petitioner or he is found liable to pay compensation to the defacto complainat, such compensation to the extent possible could be realized from the amount in deposit.
(d) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(e) Petitioner shall not get involved in any offence during the period of this bail.
(f) Petitioner shall not intimidate or influence the witnesses.
(v) In case the petitioner violates any of condition Nos.
(d) to (f), 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).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge