Petitioner is the 4th accused in Crime No.640 of 2014 of the Kundara Police Station for the offences punishable under Sections 143, 147, 294(b), 323, 324 and 326 r/w Section 149 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 16.03.2014 at about 03.30 p.m., while the de facto complainant was standing near a petrol pump, the first accused went there and took him to the place where other accused were taking liquor. The first accused offered a drink to the de facto complainant which he accepted. That annoyed other accused. The petitioner and other accused assaulted and pushed down the de facto complainant in a pit. The de facto complainant suffered fracture of C6 vertebra.
3. Learned counsel submits that the petitioner was not present at the place of occurrence at the relevant time. Since by that time he had gone to his mother's house.
4. Though Section 326 of the Penal Code is also incorporated, it appears that no weapon is used. In the circumstances of the case I am inclined to think that custodial interrogation of the petitioner is not required. Petitioner is also not reported to be involved in any other case. Hence I am inclined to grant relief but protecting interest of the de facto complainant also and subject to conditions.
Application is allowed as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.640 of 2014 of the Kundara Police Station on 30.06.2014 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 petitioner is arrested, he shall be produced before the jurisdictional magistrate 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 Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall deposit Rs.15,000/- (Rupees fifteen thousand only), in a Nationalized /Scheduled Bank/Co-operative Society in his name intially for a period of two years (renewable as per order of the learned magistrate) and produce the FD receipt before the learned magistrate while executing the bail bond.
(c) In case the case is decided against the petitioner and he is made liable to pay compensation to the defacto complainat, such compensation to the extent possible could be realized from the amount in deposit.
(d) Petitioner shall report to the investigating officer as rand when required for interrogation.
(e) Petitioner shall not get involved in any offence during the period of this bail.
(f) Petitioner shall not intimidate or influence the witnesses.
(v) In case the petitioner violates any of condition Nos.
(c) to (f), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge