Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE28H DAY OF JANUARY20148TH MAGHA, 1935 Bail Appl..No. 36 of 2014 () ----------------------------- CRIME NO. 2113/2013 OF SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT. ....... PETITIONER/ACCUSED: ----------------------------------- SHEFEEK, AGED23YEARS, S/O. ABDUL SAMAD, KATOOR THEKKETHIL, KALLELIBHAGOM MURI, KALLELIBHAGOM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP. RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2801-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOMAS P. JOSEPH, J.
========================= Bail Application No. 36 of 2014 ============================ Dated this the 28th day of January, 2014 ORDER
Petitioner is accused in Crime No. 2113 of 2013 of the Sasthamcotta police station for the offences punishable under Secs. 225B and 353 of the Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 17.12.2013 at about 07:00 a.m. the police intercepted a lorry driven by the petitioner, carrying sand. While preparing the seizure mahazar, the petitioner pushed the Sub Inspector and drove away with the lorry.
3. Learned counsel submits that the allegations are not true. Petitioner is not reported to be involved in any other case.
4. Having regard to the circumstances, I am satisfied that custodial interrogation of the petitioner is not B.A No. 36 of 2014 2 necessary. At the same time the police must get opportunity to interrogate the petitioner. Application is disposed of as under:
1. Petitioner shall surrender before the officer investigating Crime No. 2113 of 2013 of the Sasthamcotta police station on 04.02.2014 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, the said officer can direct the petitioner to appear before him on any other date/dates and time which he shall comply. 3) In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day. 4) On such production, the petitioner shall be released if not required to be detained otherwise on his executing bond for Rs.25,000/- (Rupees Fifteen 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 04:00 p.m. and 05:00 p.m. for a period of two months or until filing B.A No. 36 of 2014 3 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 intimidate/influence the witnesses. e) Petitioner shall not, during the period of this bail get involved in any offence. f) In case of violation of any of condition Nos. (b) to (g), the bail granted hereby is liable to be cancelled by moving application before the learned magistrate by the investigating officer as held in P.K. Shaji V. State of Kerala (AIR2006 Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv