These applications are filed by the petitioner who is the first accused in Crime No.261 of 2012 and the 8th accused in Crime No.141 of 2011 respectively, of the Bekal Police Station for various offences under the Penal Code and apprehending arrest by the police.
2. When these applications came before me on 21.05.2014, I passed an interim order directing release of the petitioner on bail for a period of one week in case of arrest subject to conditions. Accordingly, the petitioner surrendered in the aforesaid cases before the officer investigating, he was arrested, recovery was effected and he was released on bail.
3. I have heard the learned Public Prosecutor and learned counsel for the petitioner. Apart from the aforesaid two cases, the petitioner is not reported to be involved in any other case. On going through the report of the investigating officer and on hearing the learned Public Prosecutor, it is revealed that the weapon is recovered. Hence I am inclined to grant relief but subject to conditions.
Resultantly the applications are disposed of as under:
(i) Petitioner shall surrender before the officer investigating Crime Nos.141 of 2011 and 261 of 2012 of the Bekal Police Station on 10.06.2014 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) On the petitioner being taken to custody, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production the petitioner shall be released on bail in the aforesaid crime cases (if not required to be detained otherwise) on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) each with two sureties each 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(s) investigating the aforesaid crimes on all Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(b) Petitioner shall report to the Investigating Officer(s) 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.
(e) In case the petitioner violates any of condition Nos.(a) to (d), it is open to the investigating officer to move the learned magistrate (until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned) 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