Petitioners are accused 4 to 6 in Crime No.312 of 2014 of the Kodumon Police Station for the offences punishable under Sections 143, 147, 148, 323 and 326 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 03.04.2014 at about 6.30 p.m petitioners and others attacked the de facto complainant with iron rod and caused fracture of tooth.
3. Learned counsel submitted that the allegations are not true.
4. On hearing both sides it is revealed that it was the 1st accused who assaulted the de facto complainant with iron road, he was arrested and the weapon also is recovered.
5. Having regard to the circumstances of the case I am satisfied that custodial interrogation of the petitioners is not required. Hence I am inclined to grant relief.
Application is disposed of as under:
(i) Petitioners shall surrender before the the Officer investigating Crime No.312 of 2014 of the Kodumon Police Station on 05.06.2014 at 10.00 a.m for interrogation.
(ii) If interrogation of the petitioners is not completed that day, they shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioners shall comply.
(iii) In case the petitioners are arrested, 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.20,000/- (Rupees five 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) One of the sureties shall be a close relative of any of the petitioners.
(b) Petitioners 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 or until final report is final, whichever is earlier.
(c) Petitioners shall report to the Officer investigating the case as and when required for interrogation.
(d) Petitioners shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(v) In case any of condition Nos.(b) to (e) is violated, it is open to the investigating Officer to move the learned magistrate for cancellation of the bail granted hereby as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
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