Petitioner is accused in Crime No.370 of 2009 of the Chandera Police Station for the offences punishable under Section 448 of the Indian Penal Code and Sec.3(1) of the PDPP Act, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 28.09.2014 at the relevant day and time, the petitioner trespassed to the office of the Kerala State Electricity Board and caused damage to the tune of Rs.271/-. It is also submitted that the petitioner is involved in Crime No.776 of 2011 for offences under Secs.465, 468 and 12(1) of the Passport Act.
3. Learned counsel submitted that the allegations are not true.
4. In the nature of the allegations levelled against the petitioner and since final report is filed in the court of learned Judicial First Class Magistrate-II, Hosdurg I am inclined to grant relief but subject to conditions.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.370 of 2009 of the Chandera Police Station (C.C. No.1017 of 2017, JFCM-II, Hosdurg).
(ii) Petitioner shall surrender before the said court on or before 25.06.2104.
(iii) On such surrender, the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for Rs.15,000/- with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) Petitioner shall deposit Rs.500/- (Five hundred only) in the court of learned Judicial First Class Magistrate-II, Hosdurg while executing the bail bond and in case the petitioner is made liable to pay compensation, such compensation to the extent possible can be realized from the amount in deposit.
(b) Petitioner shall report to the Officer investigating the case if 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.
(v) In case the petitioner violates any of conditions (b) to (d), 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).
It is made clear that in case the petitioner does not surrender as directed above, this order will cease to be effective on the expiry of the time granted hereby.
THOMAS P. JOSEPH, JUDGE.
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