Petitioner is the 7th accused in Crime No.543 of 2014 of the Neyyattinkara Police Station for the offences punishable under Secs.143, 147, 148, 324 and 308 r/w Sec.149 of the Indian Penal Code and Sec.27 of the Arms Act, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 02.04.2014 at about 10.30 p.m, the petitioner and others attacked the de facto complainant with deadly weapons.
3. Learned Senior Advocate submits that the allegations against the petitioner are not true. It is also submitted that the petitioner happened to be at the place of occurrence at the relevant time.
4. I got information regarding the antecedents of the petitioner. Learned Public Prosecutor submits that the petitioner is not reported to be involved in any other case. Petitioner is a student aged about 18 years. There is no allegation that he has used any deadly weapon. In these peculiar circumstances, I am inclined to grant relief but subject to conditions.
Resultantly this application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.543 of 2014 of the Neyyattinkara Police Station on 06.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified 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 on bail (if not required to be detained otherwise) on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) Whether or not he/she has landed properties, one of the sureties shall be the father/mother of the petitioner.
(b) Petitioner shall report to the officer investigating Crime No.543 of 2014 of the Neyyattinkara Police Station on all alternate Saturday between 4 p.m and 5 p.m for a period of two months or till final report is filed, whichever is earlier.
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(c) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case the petitioner violates any of condition Nos.(b) to (e), it is open to the investigating officer to move the learned magistrate (until committal if any, and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge