Petitioner is accused in Crime No.637 of 2013 of the Hosdurg Police Station for the offences punishable under Sections 341 & 332 of the Indian Penal Code, apprehends arrest and has filed the application. 2. The learned Public Prosecutor has opposed the application. It is submitted that on 03.06.2014 while the petitioner was engaged in sand mining using JCB, the village officer objected to that as it is illegal. The petitioner caused obstruction to the village officer from discharging his official duty.
3. The learned counsel submits that the petitioner has obtained permit for removal of sand and no case is registered against the petitioner for illegal removal of sand.
4. The learned Public Prosecutor also confirmed that no case is registered for removal of sand without permission.
5. Petitioner is not reported to be involved in any other case. In these circumstances, I am inclined to grant relief to the petitioner as custodial interrogation is not necessary but subject to conditions.
The application is allowed as under :
1. Petitioner shall surrender before the officer investigating the case on 26.06.2014 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 any other day/days and time as directed by the investigating officer.
3. The petitioner shall co-operate with investigation of the case.
4. In case the petitioner is arrested, he shall be released on bail (if not required to be detained otherwise) by the arresting officer on his executing bond for `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 investigating officer on every alternate Saturday between 10 a.m and 12 p.m. for a period of two months or until filing of the final report, whichever is earlier. c.Petitioner shall report to the investigating officer as and when required for interrogation.
d. Petitioner shall not influence or intimidate any of the witnesses.
e. Petitioner shall not get involved any offence during the period of this bail.
f. In case any of conditions Nos.(b) to (e) 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