Petitioner is accused in Crime No.424 of 2014 of the Kondotty Police Station for the offences punishable under Section 353 of the Indian Penal Code and Secs.20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 30.03.2014 at 8.45 p.m, a lorry carrying river sand was noticed by the police party who signaled the vehicle to stop. But the driver used obscene words and attempted to obstruct the police from discharging official duty.
3. Learned counsel submitted that the allegations are not true. It is submitted that petitioner is implicated as the 2nd accused only because he is registered owner of the vehicle.
4. On hearing both sides it appears that the petitioner was not present either in the lorry or at the place of incident. In the circumstances I am inclined to grant relief but subject to conditions since investigation is not complete and the 1st accused is still at large.
Application is allowed as under:
(i) Petitioner shall surrender before the the Officer investigating Crime No.424 of 2014 of the Kondotty Police Station on 17.06.2014, 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 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 every Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until final report is filed, whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation at all reasonable time and place.
(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 (f), 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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