Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE26H DAY OF JUNE20145TH ASHADHA, 1936 Bail Appl..No. 4532 of 2014 () ------------------------------- CRIME NO. 357/2014 OF CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT. ...... PETITIONER/ACCUSED NO1 -------------------------------------------- NIYAZ, AGED21YEARS, S/O.MUHAMMED, PALICKAL HOUSE, PANAMBI, AMMINIKADU, MALAPPURAM DISTRICT. BY ADVS.SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN. RESPONDENTS/STATE: ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031, (CRIME NO3572014 OF CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT).
2. THE STATION HOUSE OFFICER, CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT- 679 503, (CRIME NO3572014 OF CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT). BY PUBLIC PROSECUTOR MR.V.S. SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2606-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.4532 of 2014 -------------------------------------------- Dated this the 26th day of June 2014 ORDER
Petitioner is the 1st accused in Crime No.357 of 2014 of the Cherpullassery Police station for the offences punishable under Secs.419 and 420 read with Sec.34 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that the 2nd accused impersonated the petitioner in the examination conducted by the CCSI College of Science and Technology, Cherpulassery on 24.02.2014.
3. Learned Counsel submitted that the petitioner is a Plus Two student not involved in any other case and if at all he has indulged in some misadventure, if he is put in custody, his future will be affected.
4. Having regard to the relevant circumstances including the submission made by the learned counsel, I am Bail Appl. No.4532 of 2014 2 inclined to think that custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief to the petitioner but subject to conditions. The application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.357 of 2014 of the Cherpullassery Police station on 04.07.2014 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. In case after interrogation the petitioner is arrested he shall be released by the arresting officer 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 before the arresting Bail Appl. No.4532 of 2014 3 officer and subject to the following conditions: a) One of the sureties shall be the father/ brother/ mother/ close relative of the petitioner. b) Petitioner shall report to the investigating officer as and when required for interrogation. c) Petitioner shall co-operate with investigation of the case. 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 for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC100. Bail Appl. No.4532 of 2014 4 THOMAS P. JOSEPH JUDGE NS