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2013 DIGILAW 951 (KER)

Deepak Das v. Sub Inspector of Police, Ambalapuzha Police Station, represented by The Public Prosecutor High Court of Kerala

2013-11-06

THOMAS P.JOSEPH

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Judgment : 1. Petitioners are accused, in Crime No.960 of 2013 of the Ambalapuzha Police Station for the offence punishable under Sec.498A r/w Sec.34 of the Indian Penal Code, apprehend arrest and have filed this application. 2. Learned Public Prosecutor has submitted that the case was registered on a complaint preferred by the wife of the first petitioner alleging physical and mental cruelty. It is also submitted that the first petitioner is at Pune. His presence in the trial court has to be ensured. 3. I have heard the learned counsel for the petitioners also. 4. Having regard to the nature of allegations, I am inclined to think that custodial interrogation of the petitioners is not required, Hence I am inclined to grant relief but subject to conditions. Resultantly this application is allowed as under: (i) Petitioners shall surrender before the officer investigating Crime No.960 of 2013 of the Ambalapuzha Police Station on 12.11.2013 at 10 a.m for interrogation. (ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioner shall comply. (iii) In case arrest of the petitioners are recorded, they shall be released on bail (if not required to be detained otherwise) on their executing bond for Rs.15,000/- (Rupees Fifteen Thousand Only) each with two sureties each for the like sum each before the arresting officer and subject to the following conditions: (a) Petitioner shall report to the Investigating Officer as and when required for interrogation at all reasonable time and place. (b) In case the final report is filed and the learned magistrate takes the case on file, the petitioner shall without fail and except for compelling reasons to the satisfaction of the learned magistrate attend the Court on the date of posting of the case. (c) Petitioners shall not intimidate/influence the witnesses in the case. (d) In case petitioners violate any of the above conditions, it is open to the investigating officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).