N. Niyas v. State of Kerala, Through Sub Inspector of Police, Oachira Police Station rep. by The P. P. , High Court of Kerala
2013-10-28
THOMAS P.JOSEPH
body2013
DigiLaw.ai
JUDGMENT 1. Since the learned counsel for the petitioner was not available on 21.10.2013, I posted the application to 23.10.2013. As the learned counsel then sought time, the application is posted to this day. This day also, there is no representation for the petitioner. 2. Petitioner is the 5th accused, in Crime No.490 of 2013 of the Oachira Police station for the offences punishable under Secs.452 and 427 read with Sec.34 of the Indian Penal Code on the allegation that on the night of 11.04.2013, the petitioner and others trespassed into the compound of the N.S.S Karayogam, Oachira and damaged the compound wall and lights causing loss to it. Petitioner apprehends arrest and has filed this petition under Sec.438 of the Code of Criminal Procedure. 3. Learned Public Prosecutor has submitted that accused nos.1 to 4 are arrested and that the loss caused to the N.S.S Karayogam is around Rs.10,000/- (Rupees ten thousand only). 4. Having regard to the circumstances, I am inclined to grant relief to the petitioner but, subject to stringent conditions. Resultantly, the application is allowed as under: 1. Petitioner shall surrender before the officer investigating Crime No. 490 of 2013 of the Oachira Police Station on 04.11.2013 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/dates and time which the petitioner shall comply. 3. In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day. 4. On such production, the learned magistrate shall release the petitioner on bail on his executing bond for Rs.15,000/- (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) Petitioner shall deposit Rs.3,500/-(Rupees three thousand five hundred 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 before the learned magistrate while executing the bail bond. b) Petitioner shall report to the officer investigating Crime No.490 of 2013 of the Oachira Police station on every alternate Saturday between 10 am and 12 p.m. for a period of two months or fill filing of the final report, whichever is earlier.
b) Petitioner shall report to the officer investigating Crime No.490 of 2013 of the Oachira Police station on every alternate Saturday between 10 am and 12 p.m. for a period of two months or fill filing of the final report, whichever is earlier. c) Petitioner shall report to the investigating officer as and when required for interrogation. d) Petitioner shall co-operate with the investigation of the case. e) Petitioner shall not get involved any offence during the period of this bail. f) In case any of the above conditions 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).