Petitioner is the first accused in Crime No.61 of 2014 of the Chandera Police Station for the offences punishable under Secs.143, 147, 148, 452, 363, 342, 323, 324, 427 and 506(ii) r/w Sec.149 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on the relevant day and time, the petitioner trespassed into the house of sister of the de facto complainant, damaged household articles and forcibly took him to his house.
3. Learned counsel submits that the de facto complainant has married sister of the petitioner. The allegations are not true.
4. Petitioner is not reported to be involved in any other case. Having regard to the nature of allegations, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions and protecting interest of the de facto complainant also.
Resultantly this application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.61 of 2014 of the Chandera Police Station on 06.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for `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 deposit `6,000/- (Rupees Six Thousand Only) in a Nationalised Bank for a period of two years (renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond.
(c) In case the petitioner is made liable to pay compensation, such amount to the extent possible could be realised from the amount in deposit.
(d) Petitioner shall report to the officer investigating Crime No.61 of 2014 of Chandera Police Station on all alternate Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(e) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(f) Petitioner shall not get involved in any offence during the period of this bail.
(g) Petitioner shall not intimidate or influence the witnesses.
(h) In case the petitioner violates any of condition Nos.(d) to (g), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge