Petitioner is the 1st accused in Crime No.231 of 2014 of the Venjaramoodu Police Station for the offences punishable under Sections 143, 147, 341, 294(b) and 332 read with Sec.149 of the Indian Penal Code, apprehends arrest and has filed the application. 2. Application is opposed by the learned Public Prosecutor. It is submitted that on 25.02.2014 at 9.20 p.m the de facto complainant, a police officer was going for duty in an autorikshaw. He was obstructed. The petitioner abused him.
3. Learned counsel submitted that the allegations are not true. It is submitted that the petitioner had gone to the police station to enquire about 2 persons who were accused. He was insulted by the police. He has preferred a complaint to the superior police officers.
4. The overt act attributed to the petitioner is only that he obstructed the autorikshaw and abused the de fact complainant. Having regard to the circumstances of the case I am satisfied that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions.
Application is allowed as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.231 of 2014 on 02.06.2014 at 10.00 a.m for interrogation.
(ii) In case the petitioner is arrested he shall be released by the arresting officer on bail (if not required to be detained otherwise) on his executing bond for Rs.15,000/- (Rupees Fifteen thousand only) with two sureties for the like sum before the arresting Officer and subject to the following conditions.
(a) Petitioner shall report to the Officer investigating the case as and when required for interrogation.
(b) Petitioner shall not get involved in any offence during the period of this bail.
(c) Petitioner shall not intimidate or influence the witnesses or the de facto complainant.
(iii) In case the petitioner violates any of conditions (a) to (c), it is open to the investigating Officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
vsv