Petitioner is the first accused in Crime No.265 of 2014 of the Ayarkunnam Police Station for the offences punishable under Sections 420, 468, 448, 379, 427 read with Section 120B of the Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that as per version of the de facto complainant, the petitioner sold a property to the de facto complainant which was already transferred to the 4th accused, cut and removed valuable trees from that property and thereby cheated the de facto complainant.
3. Learned counsel submits that the allegations are not true.
The property sold earlier is not the property sold to the de facto complainant.
4. Having regard to the relevant circumstances, I am inclined to think that the custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief but protecting the interest of the de facto complainant also.
The application is allowed as under :
1. Petitioner shall surrender before the officer investigating Crime No.265 of 2014 of the Ayarkunnam Police Station on 07.07.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on other day/days and time as directed by the investigating officer.
3. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
4. On such production, the petitioner shall be released (if not required to be detained otherwise) on his executing bond of `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 file affidavit before the learned magistrate while executing bail bond detailing the immovable properties he owns and undertaking that the said properties will not be sold or encumbered until culmination of the proceeding or otherwise ordered by the learned magistrate.
c. Petitioner shall file attested copy of the affidavit aforesaid before the Registrar/Sub Registrar concerned within two weeks from the date of execution of the bail bond.
d. Petitioner shall report to the investigating intimidate any of the witnesses.
f. Petitioner shall not get involved any offence during the period of this bail.
g. In case any of condition Nos.(c) to (f) is violated, it is open to the investigating officer to file application before the learned 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