Petitioner is accused, in Crime No.228 of 2014 of the Edacherry Police Station for the offences punishable under Secs.353 and 506(i) of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has submitted that the de facto complainant, Village Officer on getting information about reclamation of land without authority reached the place and found the petitioners who is the driver of a tipper lorry at that place. The Village Officer directed the petitioner to take the vehicle to the Taluk office. Petitioner declined and threatened/abused the de facto complainant.
3. Learned counsel submits that the allegation against the petitioner is not correct.
4. Since in the nature of the allegation made against the petitioner custodial interrogation is not required, I am inclined to grant relief but subject to conditions to prevent recurrence of such incidents in future.
Resultantly this application is disposed of as under:
(i) Petitioner shall surrender before the officer investigating Crime No.228 of 2014 of the Edacherry Police Station on 12.06.2014 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 petitioner on other day/days and time 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 `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 Crime No.228 of 2014 of the Edacherry Police Station on all alternate Saturdays between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(c) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case the petitioner violates any of condition Nos.(b) to (e), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge