Petitioner is accused in Crime No.326 of 2014 of the Vattappara Police Station for the offences punishable under Sections 294(b) and 332 read with Sec.34 of the Indian Penal Code, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 08.05.2014 at 2.15 p.m, the petitioner and another came riding a motor cycle and obstructed the driver of the KSRTC bus from discharging official duty. It is also submitted that due to trip failure the KSRTC suffered loss of Rs.23,000/-.
3. Learned counsel submitted that the allegations are not true. According to the learned counsel even as per the first information statement the dispute arose from splashing of filthy water on the motor cyclists.
4. Having regard to circumstances of the case I am inclined to grant relief as custodial interrogation is found not necessary but subject to conditions.
Application is allowed as under:
(i) Petitioner shall surrender before the the Officer investigating Crime No.326 of 2014 of the Vattappra Police Station on 12.06.2014 at 10.00 a.m for interrogation.
(ii) If interrogation of the petitioner is 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 the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production, the petitioner shall be released (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 officer investigating the case on alternate Saturday between 10.00 a.m and 12.00 p.m until final report is filed or for two months whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(v) In case the petitioner violates any of conditions (b) to (e), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
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