Petitioners are accused in Crime No.362 of 2014 of the Erumapetty Police Station for the offence punishable under Sections 436 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 22.03.2014 at about 6 p.m. rented building of the de facto complainant was set fire to. Involvement of the petitioners is suspected.
3. Learned counsel submits that the petitioners had rented out the building of the de facto complainant and as request to vacate the building was not complied, they filed R.C.P.No.26 of 2011 and obtained an order (Annexure-II). Petitioners filed E.P.No.304 of 2013 to execute that order. While so, the de facto complainant surrendered the building in writing on 18.03.2014.
Following that, on 22.03.2014 the E.P was dismissed as not pressed. Learned counsel has produced certified copy of proceeding in E.P.No.304 of 2013 which shows that the execution petition was dismissed as not pressed on 22.03.2014.
4. But, whether the de facto complainant had surrendered the building on 18.03.2014 and any such letter was given in writing are matters which the investigating officer has looked into.
5. Having regard to the relevant circumstances, I am inclined to grant relief to the petitioner but subject to conditions.
The application is allowed as under :
1. Petitioners shall surrender before the officer investigating the case on 25.06.2014 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. The petitioners shall produce before the officer investigating the case letter dated 18.03.2014 allegedly executed by the de facto complainant.
5. In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day.
6. On such production the petitioners shall be released on bail, if not required to be detained otherwise on their executing bond of `20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions :
a. The petitioners shall report to the officer investigating the case on every alternate Saturday between 10 a.m. and 12 p.m. until filing of the final report or for two months whichever is earlier.
b. Petitioners shall report to the investigating officer as and when required for interrogation.
c. Petitioners shall not get involved in any offence during the period of this bail.
d. Petitioners shall not intimidate or influence the witnesses.
e. In case any of condition Nos.(a) to (d) is violated, it is open to the investigating officer to file application before the learned magistrate until committal of the case if any and thereafter before the Principal Sessions Judge concerned 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