Petitioner is accused in Crime No.538 of 2014 of the Palakkad Town North Police Station for the offences punishable under Secs.409, 420, 465, 467 and 468 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioner while working as Sub Postmaster forged vouchers and withdrew Rs.1,58,000/-. Pending departmental enquiry, petitioner was suspended. It is also submitted that the petitioner was in service till 31.03.2014.
3. Learned counsel submits that the amount allegedly misappropriated has already been remitted to the appropriate authority.
4. Having regard to the relevant circumstances, I am inclined to think that relief could be granted to the petitioner but subject to conditions since investigation is not completed.
The application is disposed of as under:
(i) Petitioner shall surrender before the officer investigating Crime No.538 of 2014 of the Palakkad Town North Police Station on 16.06.2014 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) Petitioner shall co-operate with the investigation of the case.
(iv) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(v) 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 report to the officer investigating Crime No.538 of 2014 of the Palakkad Town North Police Station on all alternate Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(c) Petitioner shall report to the Investigating Officer 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.
(f) In case the petitioner violates any of condition Nos.(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 Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge