Petitioners are accused Nos.1 and 2 in Crime No.353 of 2014 of the Balussery Police Station for the offences punishable under Sections 379, 406, 417 read with Section 34 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that as per version of the de facto complainant, the first petitioner who is a director of M/s.Vyshnavi Chitty Pvt. Ltd., (in short Company) and his father, the second petitioner committed theft of the records and money from said company. It is submitted that the police searched the house of the petitioners and seized some records.
3. The learned counsel has different story to say. He invites my attention to Annexure-A2, advertisement inviting directors for the company. The de facto complainant approached the second petitioner and offered to make the first petitioner a director on investment of `16,00,000/-. Accordingly, the said amount was paid to the de facto complainant. Later, the first petitioner was made a director (Annexure-A1) on a promise to pay `50,000/- per month as salary. The salary was not paid. The petitioners were cheated. The petitioners learned about illegal activities of the de facto complainant. The first petitioner resigned from the company (Annexure-A3).
4. In the nature of allegations made against the petitioners, I am inclined to think that their custodial interrogation is not required.
The application is disposed of as under :
1. Petitioners shall surrender before the officer investigating Crime No.353 of 2014 on 18.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioners shall appear before the officer investigating the case any other day/days at all reasonable time and place as directed by the investigating officer.
3. In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day.
4. On such production the petitioners shall be released on bail (if not required to be detained otherwise) on their executing bond of `25,000/- (Rupees twenty five thousand only) each 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 any of the petitioners.
b. Petitioners shall report to the investigating officer on every alternate Saturday between 10 a.m and 12 p.m. for a period of two months or until filing of the final report whichever is earlier.
c. Petitioners shall report to the investigating officer as and when required for interrogation.
d. Petitioners shall not influence or intimidate any of the witnesses.
e. Petitioners shall not get involved any offence during the period of this bail.
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 for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
AMV Sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE