Manoj v. State of Kerala, represented by The Public Prosecutor High Court of Kerala
2013-11-15
THOMAS P.JOSEPH
body2013
DigiLaw.ai
Judgment : 1. Petitioner is the 1st accused, in Crime No.226 of 2013 of the Thiruvambady police station for the offences punishable under Secs. 498A, 401, 423, 294(b) and 506 r/w. Sec. 34 of the Penal Code, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has submitted that as per version of the de facto complainant, the petitioner assaulted her and the body note prepared by the police also revealed that the de facto complainant had sustained some injuries. 3. Learned counsel submits that the allegations are false. 4. Having regard to the nature of allegations made against the petitioner, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am incline to grant relief. Resultantly, application is allowed as under: 1) Petitioner shall surrender before the officer investigating Crime No.226 of 2013 of the Thiruvambady police station on 21.11.2013 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 other date/dates and time which the petitioners 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 on bail in Crime No.226 of 2013 of the Thiruvambady police station on his executing bond for Rs.20,000/- (Rupees Twenty 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 report to the officer investigating Crime No.226 of 2013 of the Thiruvambady police station on all alternate Saturday between 10:00 a.m. and 12:00 p.m. for a period of two months or till final report is filed, whichever is earlier . b) Petitioner shall report to the Investigating Officer as and when required for interrogation. c) Petitioner shall not intimidate/influence the witnesses. d) It is made clear that in case any of the above condition is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the jurisdictional Magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).