Petitioner is the second accused in Crime No.336 of 2014 of the Pathanamthitta Police Station for offences punishable under Sections 506(ii), 324, 308 r/w Section 34 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 23.02.2014 at about 09.00 p.m., the first accused assaulted the de facto complainant with wooden stick and inflicted injuries on the head. The 3rd accused rode a motor cycle over the thigh of the de facto complainant. The petitioner assaulted him with hand. The stick is recovered.
3. Learned counsel submitted that the allegation against the petitioner is only that he assaulted the de facto complainant with hand.
4. Having regard to the nature of allegations made against the petitioner, I am inclined to think that his custodial interrogation is not required. Hence I am inclined to grant relief but subject to conditions and protecting the interest of the de facto complainant also.
Application is allowed as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.336 of 2014 of the Pathanamthitta Police Station on 12.06.2014 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 Rs.20,000/- (Rupees twenty thousand only) with two sureties 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 the petitioner.
(b) Petitioner shall deposit of Rs.5,000/- (Rupees five thousand only) in a Nationalized Bank in his name initially 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 officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report, whichever is earlier.
(e) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(f) Petitioner shall not intimidate or influence the witnesses.
(g) Petitioner shall not, during the period of this bail get involved in any offence.
(v) It is made clear that in case any of condition Nos.
(d) to (g) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge