HARISHANKAR C.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the first accused in Crime No. 452 of 2014 of the Vellarada Police Station for the offence punishable under Section 379 read with Section 34 of the Indian Penal Code, apprehends arrest and has filed the application.

(2.) THE learned Public Prosecutor has opposed the application. It is submitted that the petitioner along with others cut and removed branches of a jack fruit tree standing in poramboke land during night of 18.05.2014 causing loss of Rs. 15,000/ - to the department.

(3.) HAVING regard to the relevant circumstances, I am inclined to think that custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief to the petitioner but subject to conditions since the investigation is not completed and protecting interest of the department also.