Petitioners are accused Nos.1 and 2 in Crime No.1257/2014 of Karunagappally Police Station, for the offence punishable under Section 332 read with 34 of Indian Penal Code, apprehend arrest and have filed the application. 2. The learned Public Prosecutor has opposed the application. It is submitted that on 17.04.2014 at about 9.45 PM the M.V. officials were engaged in checking vehicle and found the second petitioner riding a scooter without helmet and licence. The vehicle was stopped and the first petitioner, his father, was summoned. He came to the scene of occurrence. They pushed down the defacto complainant and tried to take away the scooter.
3. The learned counsel submits that the second petitioner is a juvenile.
4. The question whether the second petitioner is a juvenile or not has to be looked into initially by the investigating officer and latter by the court concerned.
Having regard to the allegation made against the petitioners, I am inclined to think that their custodial interrogation is not necessary.
The application is allowed as under:
(i) Petitioners shall surrender before the officer investigating the case in Crime No.1257/2014 of Karunagappally Police Station, on 20.06.2014 at 10.00AM for interrogaiton.
(ii) In case interrogation is not completed on that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case the petitioners are arrested, they shall be released by the arresting officer on bail on their executing bond for ₹ 15,000/- (Rupees fifteen thousand only) each with two sureties each for the like sum each before the arresting officer and subject to the following conditions:
(a) Petitioners shall co-operate with the investigation of the case.
(b) Petitioners shall report to the investigating officer as and when required for interrogation.
(c) Petitioners shall not get involved in any offence during the period of this bail.
(d) Petitioners shall not intimidate or influence the witnesses.
(e) In case any of condition Nos.(a) to (d) is violated, it is open to the investigating officer to file application before the learned magistrate/Juvenile Justice Board as the case may be for cancellation of the bail granted hereby, as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
das Sd/-
THOMAS P.JOSEPH, JUDGE // True copy // PA to Judge