Though the petitioner herein claims to be the 2nd accused in Crime No.686 of 2014 of Vadanappally Police Station, he is actually the 5th accused as per the police records produced in Court. He seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure, on the apprehension of arrest in the said crime registered under Sections 341, 324, 326, 307 read with 34 of Indian Penal Code. The crime was registered on the basis of the first information statement given by one Manikantan regarding the incident of assault in which his friend Rajith sustained serious injuries. 2. The prosecution case is that as part of criminal conspiracy hatched by the accused Nos.1 to 4 and the petitioner herein, the accused Nos.1 to 4 assaulted the defacto complainant Rajith at about 4.45 p.m on 20.3.2014 and inflicted serious injuries on his body with iron road and sword. The injured Rajith was immediately taken to the hospital. As he was admitted in the ICU, statement was given by his friend Manikantan to the police. During investigation, the accused Nos.1 to 4 were arrested by the police on different occasions, but the petitioner herein could not be arrested.
3. As required by the Court, the learned Public Prosecutor produced the case diary in the crime along with report of the Circle Inspector of Police, Vadanappally, who is in charge of investigation. This application for bail was opposed by the learned Public Prosecutor.
4. On hearing both sides, and on a perusal of the case diary including the report of the Circle Inspector, I find that serious and definite allegations in the crime are made, in fact, against the accused Nos.1 to 4, and there is nothing to show that this petitioner had any complicity in the alleged incident of assault or infliction of injuries by any act of his own. The allegation against him is only that he was also a member of the conspiracy made by the accused some time prior to the incident.
5. On a perusal of the case diary, I find that the Investigating Officer has not so far recorded the statements of the person, who sustained serious injuries in the incident. Case diary or report of the Circle Inspector does not contain any explanation for this. This Court is not happy with the way in which the investigation is proceeding at the hands of the Circle Inspector. It is quite unfortunate, and it deserves comments, that so far he did not find it convenient to record the statement of the person, who sustained serious injuries in the alleged incident. Anyway, a perusal of the case diary will show that serious allegations are practically only against accused Nos.1 to 4, who already stand arrested by the police during investigation. Whether this petitioner had any role or complicity as a conspirator or otherwise, is a matter to be elicited and detected by interrogation, for which he will have to surrender before the Investigating Officer. After necessary interrogation, he can be released on conditions, in the particular facts and circumstances discussed above.
In the result, this petition is allowed with direction to the petitioner to surrender before the Investigating Officer within five days from this date for necessary interrogation.
After interrogation, the petitioner shall be produced before the learned Magistrate having jurisdiction by the Investigating Officer on the same day, and if application is filed for bail under Section 437 Cr.P.C, the petitioner shall be released on the following conditions by the learned Magistrate.
(i) The petitioner shall execute a bond with two solvent sureties for ₹ 25,000/- (Rupees Twenty five thousand only) each to the satisfaction of the learned Magistrate.
(ii) The petitioner shall not leave the limits of Vadanappally Police Station for a period of two months from this date.
(iii) The petitioner shall report before the Investigating Officer between 10.00 a.m and 11 a.m on all Wednesays, during the said period; and
(iv) The petitioner shall not in any manner intimidate or influence the material witnesses.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge