Petitioner is accused in Crime No.283 of 2014 of the Anchal Police station for the offences punishable under Secs.341, 323, 324, 308 and 506(ii) read with Sec.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 the petitioner and others attacked the defacto complainant and others on 27.02.2014 at about 8 p.m..
3. Learned counsel submitted that the allegation against the petitioner is not true. According to the learned counsel, it is a mistaken identify of the 1st accused. Learned counsel has invited my attention to Annexure-1 affidavit (allegedly) sworn by the defacto complainant before a notary public where it is stated that the petitioner is not the person who assaulted him.
4. I am not going in to the affidavit (allegedly) sworn by the defacto complainant in this proceeding. Whether such an affidavit has been sworn by the defacto complainant and if so, under what circumstances is a matter which , if necessary the Police have to look into. On hearing both sides, it is revealed that the weapon used in the incident is recovered. The other accused in the case are arrested and released on bail. In the circumstances, I am inclined to grant relief to the petitioner but subject to conditions.
The application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.283 of 2014 of the Anchal Police station on 11.06.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
4. On such production learned magistrate shall release the petitioner (if not required to be detained otherwise) on bail on his executing bond for Rs.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) One of the sureties shall be a close relative of the petitioner.
b) Petitioner shall report to the officer investigating Crime No.283 of 2014 of the Anchal Police station on every alternate Saturday between 10.00 a.m. and 12.00 p.m. until otherwise ordered by the learned magistrate until committal of the case if any and thereafter by the learned Principal Sessions Judge, concerned.
c) Petitioner shall report to the investigating officer as and when required for interrogation.
d) Petitioner shall not get involved any offence during the period of this bail.
e) Petitioner shall not influence or intimidate the witnesses.
f) In case any of condition nos.(b) to (e) is violated,it is open to the investigating officer to file application before the learned magistrate/ Principal Sessions Judge as aforesaid for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge