Petitioners are accused Nos.1 to 3 in Crime No.1471 of 2013 of the Museum Police Station, Thiruvananthapuram for the offence punishable under Section 420 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioners engaged the de facto complainant for advertising and for the work done, issued cheques but those cheques were dishonoured.
3. Learned counsel submitted that in respect of the cheques which are dishonoured, de facto complainant has filed cases under Section 138 of the NI Act. Learned counsel relied on Annexures A to C in support of that contention.
4. Having regard to the relevant circumstances, I am inclined to think that the custodial interrogation of the petitioners is not necessary. Hence, I am inclined to grant relief but subject to conditions.
The application is allowed as under :
1. Petitioners shall surrender before the officer investigating the case on 01.07.2014 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 and time 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 each for the like sum each before the arresting officer and 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 for interrogation.
c. Petitioners shall not influence or intimidate the witnesses.
d. In case any of conditions Nos.(b) & (c) 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