Petitioners apprehend arrest by the Walayar Police in Crime No.411 of 2014 registered for the offences punishable under Sections 454, 380, 506(i) of the Indian Penal Code.
2. Learned Public Prosecutor has opposed the application. It is submitted that as per version of the de facto complainant, various hospital equipments are stolen.
3. Learned counsel submits that the allegations are not true. The petitioners are the managing trustee and trustees respectively, of V.N.P. Trust which is running the hospital. There was dispute regarding management of the trust and some of its founder trustees filed O.S.No.283 of 2008 in the Additional Munsiff's Court, Palakkad for a decree for prohibitory injunction to restrain the de facto complainant and others causing obstruction to the petitioners entering the hospital premises. Learned Munsiff, passed Annexure-B order granting interim injunction. It is submitted that the de facto complainant and others were directed not to cause obstruction to the construction of the Medical College. A further submission the learned counsel has made is that allegation of theft relates to hospital equipments which are still in the hospital in the custody and control of the petitioners and others who are managing the trust and the hospital.
4. Having regard to the relevant circumstances, I am inclined to think that custodial interrogation of the petitioners is not required. Hence I am inclined to grant relief to the petitioners but subject to conditions so that investigation of the case also is not affected.
Application is allowed as under:
(i) Petitioners shall surrender before the Officer investigating Crime No.411 of 2014 of the Walaya Police Station on 06.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) Petitioners can produce all the relevant records in their custody, control and possession before the investigating officer relating to the matter under investigation.
(iv) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(v) On such production, the petitioners shall be released on bail, (if not required to be detained otherwise) on their executing bond for Rs.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) One of the sureties shall be a close relative of any of the petitioners.
(b) Petitioners shall report to the officer investigating the case as and when required for interrogation.
(c) Petitioners shall co-operate with the investigation of the case.
(d) Petitioners shall not intimidate or influence the witnesses.
(vi) It is made clear that in case any of condition Nos.
(b) to (d) 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