Judgment : 1. Petitioner is the 1st accused, in Crime No.330 of 2012 of the Vythiri Police station for the offences punishable under Secs.167 and 420 read with Sec.34 of the Indian Penal Code, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner, while working as a Tribal Officer at Vythiri during 2009, Rs.1,00,000/- (Rupees one lakh only) was sanctioned to the defacto complainant for construction of a house. A cheque for Rs.45,000/- (Rupees forty five thousand only) was issued to the defacto complainant. Petitioner introduced the defacto complainant to the 2nd accused and offered better facilities if the building is constructed through the 2nd accused. The defacto complainant, believing that words of the Petitioner agreed for that. The 2nd accused constructed the building only to the extent of spending Rs.10,000/- (Rupees ten thousand only). The balance amount of Rs.35,000/- (Rupees thirty five thousand only) was misappropriated by the petitioner and the 2nd accused. 3. Learned counsel submits that the petitioner is a tribal and that the mischief if any was committed by the 2nd accused. It is argued that custodial interrogation is not required. 4. Having regard to the nature of allegations, I am inclined to grant relief to the petitioner but subject to conditions and to some extent protecting the interest of the defacto complainant as well. Resultantly, the application is allowed as under. 1. Petitioner shall surrender before the officer investigating Crime No.330 of 2012 of the Vythiri Police station on 10.12.2013 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. After interrogation, in case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day. 4. 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. After interrogation, in case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day. 4. On such production learned magistrate shall release the petitioner ( if not required to be detained otherwise) on bail on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: a) Petitioner shall deposit Rs.35,000/-(Rupees thirty five thousand only) in his name in a nationalised bank (initially for a period of two years and renewable as per order of the learned magistrate) and produce the fixed deposit receipt within three weeks from the date of his release on bail. b) In case, the case is decided against the petitioner and compensation is awarded to the defacto complainant, such compensation can be realised from the amount in deposit. c) Petitioner shall report to the officer investigating Crime No.330 of 2012 of the Vythiri Police station on every 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. d) Petitioner shall report to the investigating officer as and when required for interrogation. e) Petitioner shall co-operate with the investigation of the case. f) Petitioner shall not get involved any offence during the period of this bail. g) Petitioner shall not influence or intimidate the witnesses. h) In case any of condition nos.(a) and (c) 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 ).