Petitioners are accused 1 and 3 in Crime No. 439 of 2014 of Peechi Police Station for the offences punishable under Sections 406, 417, 420, 506 (ii), 120 (b) read with Section 34 of the Indian Penal Code, apprehend arrest and have filed the application. 2 Learned Public Prosecutor has opposed the application.
3. It is submitted that petitioners and the second accused entered into a criminal conspiracy to cheat the de facto complainant, purchased cattle feed for Rs. 2,19,320/-, issued cheque, that was dishonored and the de facto complainant was cheated.
4. The learned counsel submitted that the allegations are not true.
5. In the nature of allegations made, I am inclined to think that the custodial interrogation of the petitioners is not required.
The application is allowed as under:
1. Petitioners shall surrender before the officer investigating Crime No.439 of 2014 of the Peechi Police station on 18.06.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioners is not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/days and time which the petitioner shall comply.
3. In case the petitioners are arrested, they shall be released by the arresting officer on their executing bond for Rs.15,000/- (Rupees fifteen thousand only) each with two sureties each for the like sum each before the arresting officer 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 investigating officer as and when required for interrogation.
c) Petitioners shall not get involved any offence during the period of this bail.
d) Petitioners shall not influence or intimidate the witnesses.
e) In case any of condition nos.(b) to (d) is violated, it is open to the investigating officer to file application before the jurisdictional magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH JUDGE DMR/-