Petitioner is accused in Crime No.661 of 2014 of the Ettumanoor Police station for the offences punishable under Secs.452 and 395 of the Indian Penal Code, Sec.17 of the Kerala Money Lenders Act, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that as per version of the defacto complainant, he had borrowed Rs.14 lakhs from the petitioner, repaid Rs.9 lakhs and the amount outstanding is Rs.5 lakhs. While so, on 15.04.2014 at about 7 p.m., the petitioner and others committed decoit by forcibly removing the Innova car belonging to the defacto complainant. It is submitted that interrogation of the petitioner is required.
3. Learned counsel submitted that allegations are not true. According to the petitioner, the defacto complainant started financing business at Ettumanoor and the petitioner made certain deposits in that concern. The petitioner demanded that amount and thereon, the defacto complainant trapped him.
4. On hearing both sides, it is revealed that the vehicle allegedly taken away has already been seized. No search on the premises of the petitioner or seizure has so far been made. In the circumstances, I am inclined to grant relief to the petitioner but, subject to conditions so that investigation of the case is not affected.
Application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.661 of 2014 of the Ettumanoor Police station on 26.06.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. Petitioner shall co-operate with the investigation of the case.
4. In case arrest of the petitioner is recorded he shall be produced before the jurisdictional magistrate the same day.
5. On such production learned magistrate shall release the petitioner 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 investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier .
c) Petitioner shall report to the investigating officer as and when required for interrogation.
d) Petitioner shall not get involved any offence during the period of this bail.
e) Petitioner shall not influence or intimidate the witnesses.
f) In case any of condition nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate (until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge