Petitioner is the first accused in Crime No.157 of 2014 of the Ayiroor Police Station for the offence punishable under Section 332 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 02.03.2014 at the relevant time while the de facto complainant and other Police personnel were engaged in official duty in connection with a Temple festival the petitioner created nuisance and when warned, the petitioner inflicted injury on the de facto complainant with a brick and obstructed the Police personnel from discharging their official duties. The brick is recovered.
3. Learned counsel submits that the allegations are not true.
4. Having regard to the nature of allegations made, I am inclined to think that the interrogation of the petitioner is required but custodial interrogation is not required. Hence I am inclined to grant relief to the petitioner subject to conditions.
Application is allowed as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.157 of 2014 of the Ayiroor Police Station on 17.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer investigating the case to direct presence of the petitioner on other day/days and time and place 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 Rs.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 report to the officer investigating the case on every alternate Saturday between 10.00 a.m. and 12.00 p.m. for a period of two months or until filing of the final report whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not, during the period of this bail get involved in any offence.
(e) Petitioner shall not intimidate or influence the witnesses.
(v) It is made clear that in case any of condition Nos. (b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge