Petitioner is the first accused in Crime No.452 of 2014 of the Vellarada Police Station for the offence punishable under Section 379 read with Section 34 of the Indian Penal Code, apprehends arrest and has filed the application. 2. The learned Public Prosecutor has opposed the application. It is submitted that the petitioner along with others cut and removed branches of a jack fruit tree standing in puramboku land during night of 18.05.2014 causing loss of `15,000/- to the department.
3. The learned counsel submits that the allegations are not true.
Learned counsel has shown me some photographs to contend that the tree in question is slanting towards house of brother of the petitioner. Petitioner is not reported to be involved in any other case.
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 since the investigation is not completed and protecting interest of the department also.
The application is allowed as under :
1. Petitioner shall surrender before the officer investigating the case on 24.06.2014 at about 10 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, he shall appear before the officer investigating the case on any other day/days and time as directed by the investigating officer.
3. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
4. On such production, the petitioner shall be released on bail, if not required to be detained otherwise on his executing bond of `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 `10,000/- (Rupees ten thousand only) in a nationalized bank (initially for a period of two years and renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond.
b. In case petitioner is found liable to pay compensation to the de facto complainant, such compensation to the extent possible could be realised from the amount in deposit.
c. Petitioner shall report to the investigating officer as and when required for interrogation.
d. Petitioner shall not influence or intimidate any of the witnesses.
e. Petitioner shall not get involved any offence during the period of this bail.
f. It is directed that in case the Petitioner violates any of the conditions Nos.(b) to (e), bail granted to him hereby is liable to be cancelled by the learned Magistrate as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100] .
AMV Sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE