Petitioner is the 4th accused in Crime No.400 of 2014 of the Vadakkekara Police Station for the offences punishable under Sections 3 r/w 14 of the Foreigner's Act, 1946, Section 3 (1) (a), 10(i) and 10(ii) of the Foreigner's Order 1942 r/w Section 34 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Application is opposed by the learned Public Prosecutor.
3. It is submitted that the petitioner engaged accused 1 to 3 of whom, accused 1 and 2 are Bangladeshi nationals who are found to be holding fake identity cards.
4. Learned counsel submits that the allegations are not true. The 3rd accused is running a scrap unit and is understood to have engaged accused 1 and 2 who came with identity cards (later said to be discovered as fake). According to the learned counsel, allegations against the petitioner is that he had taken the building (where the scrap unit was functioning) on rent.
5. Having heard both sides and having regard to the nature of allegations made against the petitioner, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief.
Application is allowed of as under:
(i) Petitioner shall surrender before the officer investigating Crime No. 400 of 2014 of the Vadakkekara Police Station on 27.05.2014 at 10 a.m for interrogation.
(ii) If interrogation of the petitioner could not completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such arrest, the petitioner shall be released if not required to be detained otherwise on his executing bond for Rs.25,000/- (Rupees twenty five 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 on every alternate Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report whichever is earlier.
(b) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(c) Petitioner shall not get involved in any offence during the period of this bail.
(d) Petitioner shall not intimidate or influence the witnesses.
(v) It is made clear that in case any of condition Nos. (a) to (d) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge