Shamnad vs The State of Kerala

Thomas P. Joseph, J.—Petitioner is the 1st accused in Crime No.687 of 2014 of the Sasthamcotta Police Station for the offences punishable under Sections 341, 323, 325, 294(b), 506(i) and 392 read with Sec. 34 of the Indian Penal Code, apprehend arrest and has filed this application.

Learned Public Prosecutor has opposed the application. It is submitted that on 05.05.2014 at about 2.30 p.m. petitioner and his brother attacked their brother in law, the de facto complainant in the hospital and took away Rs.5,000/-, ATM Card and identity card from his pocket. Those articles are not so far recovered.

3 Learned counsel submitted that the allegations are not true. It is submitted that the de facto complainant assaulted his wife (sister of the petitioner), she was admitted in the ICU in the same hospital on 02.05.2014, the de facto complainant and others came to the hospital pn 05.05.2014 and created problem.

Having regard to the relevant circumstances of the case I am inclined to think that custodial interrogation of the petitioner is not required so far as the ATM card and identity card are seized. Hence I am inclined to grant relief subject to conditions including deposit of compensation if found payable to the de facto complainant.

Application is allowed as under:

(i) Petitioner shall surrender before the the Officer investigating Crime No.687 of 2014 of the Sasthamcotta Police Station on 15.07.2014 at 10.00 a.m for interrogation.

(ii) If interrogation of the petitioner is not completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply.

(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.

(iv) On such production, the petitioner shall be released (if not required to be detained otherwise) on bail 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) One of the sureties shall be a close relative of the petitioner.

(b) Petitioner shall deposit Rs.10,000/- (Rupees Ten thousand only) in a Nationalized/Scheduled Bank or Co- operative Society initially for a period of two years (renewable as per order of the learned magistrate) and produce the Fixed Deposit Receipt before the learned magistrate while executing the bail bond.

(c) In case the petitioner is made liable to pay compensation, such compensation to the extent possible can be realized from the amount in deposit.

(d) Petitioner shall report to the Officer investigating the case on every alternate Saturday between 10.00 a.m and 12.00 p.m for a period of two months and until final report is filed, whichever is earlier.

(e) Petitioner shall report to the officer investigating the case as and when required for interrogation.

(f) Petitioner shall not get involved in any offence during the period of this bail.

(g) Petitioner shall not intimidate or influence the witnesses.

(v) In case the petitioner violates any of conditions (d) to (g), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K. Shaji @ Thammanam Shaji Vs. State of Kerala, .

(vi) It is made clear that in case by the time the petitioner is produced before the learned magistrate the identity/ATM cards are not seized/recovered, this order granting pre-arrest bail would cease to be effective. Thereon it is open to the petitioner to move application before the learned magistrate which shall be disposed of as per the law as early as possible.