Petitioner is accused in Crime No.893 of 2014 of the Kottarakkara Police Station for the offences punishable under Sections 353, 500 and 506(i) of the Indian Penal Code, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that a case was registered on the complaint preferred by the Deputy Chief Engineer of the Kerala State Electricity Board that the petitioner pasted posters defaming the de facto complainant.
3. Learned counsel submitted that the allegations are not true. It is submitted that the police have no authority to register a case for the offence under Sec.500 of the IPC.
4. In the nature of the allegations made against the petitioner I am satisfied that custodial interrogation of the petitioners is not required. Hence I am inclined to grant relief but subject to conditions.
Application is allowed as under:
(i) Petitioner shall surrender before the the Officer investigating Crime No.893 of 2014 of the Kottarakkara Police Station on 17.06.2014, at 10.00 a.m for interrogation.
(ii) If interrogation of the petitioner is not completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply.
(iii) In case the petitioner is arrested, he shall be released (if not required to be detained otherwise) on his executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties 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 the petitioner.
(b) Petitioner shall report to the officer investigating the case as and when required for interrogation at all reasonable time and place.
(c) Petitioner shall not get involved in any offence during the period of this bail.
(d) Petitioners shall not intimidate or influence the witnesses.
(iv) In case the petitioner violates any of conditions (b) to (d), it is open to the investigating Officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
vsv