Petitioners apprehend arrest in Crime No.169 of 2014 of the Kuttiyadi Police Station for the offences punishable under Sections 447 and 427 of the Indian Penal Code, Section 3(1) of Prevention of Damage to Public Property Act and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on the relevant day and time, the petitioners trespassed into the compound of the Government LP School, demolished a shed, plucked coconuts and thereby caused loss of around `25,000/-.
3. Learned counsel submits that the property including the property where the main building of the LP School is situated belonged to family of the petitioner and while so, one acre was gifted for construction of the School. Rest of the properties continued to belong the family. While so, 27 cents was gifted to the first petitioner in the year 2010. The first petitioner is enjoying the 27 cents since then. In 2010, the PTA of the school attempted to trespass into the said 27 cents. The first petitioner filed a complaint to the police which was registered as 110 of 2010. Later, that dispute was settled. In February, 2014 the petitioners noticed a shed unauthorizedly constructed in a portion of the said 27 cents. Thereon, the first petitioner again preferred a complaint to the police on 26.02.2014. Now he has filed O.S. No.115 of 2014 in the Munsiff's Court, Nadapuram to enforce his title and possession of the disputed property.
4. On hearing both sides, it appears to me that there is some dispute regarding the title and possession of the property involved in the case. In the circumstances, I am inclined to grant pre-arrest bail as the custodial interrogation is not required.
The application is allowed as under :
1. Petitioners shall surrender before the officer investigating the case on 03.07.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioners shall appear before the officer investigating the case on any other day/days at reasonable time and place as directed by the investigating officer.
3. The petitioners shall co-operate with investigation of the case.
4. In case the petitioners are arrested, they shall be released on bail (if not required to be detained otherwise) by the arresting officer on their executing bond for `20,000/- (Rupees twenty thousand only) each with two sureties for the like sum each before the arresting officer subject to the following conditions :
a. One of the sureties shall be a close relative of any of the petitioners.
b. Petitioners shall report to the investigating officer as and when required.
c. Petitioners shall not influence or intimidate any of the witnesses.
d. Petitioners shall not get involved in any offence during the period of this bail.
e. In case any of conditions Nos.(b) to (d) is violated, it is open to the investigating officer to file application before the jurisdictional magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
AMV sd/-
THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE