Petitioner is the 5th accused in Crime No.230 of 2014 of the Veeyapuram Police station for the offence punishable under Sec.379 read with Sec.34 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 at about 12.30 a.m., the petitioner and others removed river sand from the country boats seized and kept by the Police.
3. Learned counsel submits that the allegations are not true. It is submitted that the petitioner is an MBA student and is implicated only for the reason that one of the other accused was seen riding the motorcycle of the petitioner.
4. It is revealed that other accused are arrested and that the material objects are recovered. Petitioner is not reported to be involved in any other case from the Veeyapuram Police station. 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.230 of 2014 of the Veeyapuram Police station on 30.05.2014 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 arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
4. On such production learned magistrate shall release the petitioner on bail ( if not required to be detained otherwise) on his 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) One of the sureties shall be a close relative of the petitioner.
b) Petitioner shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier.
c) Petitioner shall report to the investigating officer as and when required for interrogation.
d) Petitioner shall not get involved any offence during the period of this bail.
e) Petitioner shall not intimidate or influence the witnesses.
f) In case any of condition nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned 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