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Judgment
Thomas P. Joseph, J.—Petitioners are accused Nos.1 and 2 in Crime No.284 of 2014 of the Kuruppumpadi Police Station for the offences punishable under Sections 457 and 511 of 380 of the Indian Penal Code, apprehend arrest and have filed the application.
Learned Public Prosecutor has submitted that on 11.02.2014 at about 02.30 a.m., as per version of the de facto complainant, two identifiable persons trespassed into the courtyard of the de facto complainant and attempt to commit theft of chicken from the de facto complainant''s coop.
Learned counsel submits that the allegations are not true. The Sub Inspector had illegally taken the first petitioner to custody on 04.06.2013 and assaulted him. First petitioner was admitted in the T.H.Q. Hospital, Perumbavoor. Mother of the first petitioner filed Annexure-A3 complaint to the Dy.S.P. concerned on 05.06.2013 and to the Human Rights Commission. The Dy.S.P. enquired into the matter. The Sub Inspector who is enraged, has falsely implicated the petitioners. It is submitted that the autorickshaw belonging to the mother of the first petitioner was taken to illegal custody.
It is revealed that though the first information was (allegedly) given by the de facto complainant on 11.02.2014 (Tuesday) at 12.00 p.m., the F.I.R. reached learned JFM- Perumbavoor only on 14.02.2014 (which is a Friday) all intervening days being working days. Normally, a Constable from the Kuruppumpadi Police Station should be going to the Court of the jurisdictional magistrate for Court duty, every day. In this case it is to be ascertained why the F.I.R was produced before the learned JFM only on 14.02.2014.
Since the petitioners have a grievance against the Sub Inspector concerned, it is inappropriate that he conducts investigation of the case. In the circumstances, though this application is for pre-arrest bail, I am inclined to issue directions regarding further investigation of the case as well. I am inclined to think that the investigation has to be conducted by the Circle Inspector concerned, looking into all aspects of the case including grievance of the petitioners. I am satisfied that custodial interrogation of the petitioners is not required.
Application is disposed of as under:
(I) (a) It is directed that investigation of Crime No.284 of 2014 of the Kuruppumpadi Police Station shall be conducted by the Circle Inspector of Police, Perumbavoor.
(b) The District Police Chief (Rural), Aluva shall pass necessary orders for the said purpose, immediately on receipt of a copy of this order.
(II) (i) Petitioners shall surrender before the Circle Inspector of Police, Perumbavoor on 18.03.2014 at 10 a.m. for interrogation.
(ii) Petitioners shall co-operate with the investigation of the case.
(iii) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(iv) On such production, the petitioners 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 to the satisfaction of the learned magistrate and subject to the following conditions:
(a) Petitioners shall report to the Circle Sub Inspector of Police, Perumbavoor as and when required for interrogation.
(b) Petitioners shall not get involved in any offence during the period of this bail.
(c) Petitioners shall not intimidate or influence witnesses.
(v) In case the petitioners violates any of condition Nos. (a) to (c), 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, .
Petitioner shall serve a copy of this order to the following:
1) The District Police Chief (Rural), Aluva.
2) The Circle Inspector of Police, Perumbavoor.
3) The Sub Inspector of Police, Kuruppumpady.