Petitioner is the accused in Crime No.417 of 2014 of the Neyyattinkara Police Station for the offence punishable under Section 381 of the Indian Penal Code, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that petitioner is a Nursing Assistant in the Health Service Department, worked as such in the Community Health Centre, Venpakal during November, 2010 till 25.02.2014 and during that time he committed theft of articles from that hospital. The District Medical Officer has searched the house of the petitioner. Some medicines and other articles were seized.
3. Learned counsel submits that the allegations are not true. By order dated 25.02.2014 the petitioner was relieved from the Community Health Centre, Venpakal.
4. Having regard to the circumstances of the case, request for pre-arrest bail cannot be allowed. But I am inclined to issue directions.
(i) Petitioner shall surrender before the Officer investigating Crime No.417 of 2014 of the Neyyattinkara Police Station on 27.05.2014 at 10.00 a.m. for interrogation.
(ii) In case interrogation is not completed on 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) After questioning the petitioner if he is arrested, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production it is open to the petitioner to move application for bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
(v) If for any reason custody of the petitioner is required, it is open to the Officer investigating the case to move application for that purpose.
(vi) Learned magistrate shall consider the application(s) having regard to all relevant circumstances including the necessity for remand as per the law and pass orders as early as possible.
The application is disposed of as above.
THOMAS P. JOSEPH, JUDGE.
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