Petitioners are accused in Crime No.281 of 2014 of the Palode Police station for the offences punishable under Secs.143, 147, 148, 294(b), 341, 324 and 308 read with Sec.149 of the the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 16.03.2014 at about 3 a.m., while the defacto complainant was riding a motorcycle he was intercepted and attacked with cricket bat, soda bottle etc. The cricket bat and soda bottle is not so far recovered.
3. Learned counsel submitted that there was some dispute over staging of ganamela in a temple festival and due to that, the defacto complainant and others attacked some of the accused and inflicted injuries for which, the Police registered Crime No.322 of 2014.
4. Learned Sessions Judge has noticed the injury suffered by the defacto complainant and another as a lacerated wound of 4x2 c.m. on the dorsum of the left forearm and a lacerated wound of 1x1 c.m. on the dorsel aspect of left forearm.
5. The petitioners are not reported to be involved in any other case from the Palode Police station. Having regard to the motive alleged and the circumstances in which the incident occurred, I am inclined to grant relief to the petitioners but subject to conditions to protect interest of the injured also to some extent.
Application is allowed as under.
I. Petitioners shall surrender before the officer investigating Crime No.281 of 2014 of the Palode Police station on 03.07.2014 at 10.00 am for interrogation.
II. In case interrogation of the petitioners is not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/days and time which the petitioners shall comply.
III. Petitioners shall co-operate with the investigation of the case.
IV. In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day.
V. On such production learned magistrate shall release the petitioners on bail (if not required to be detained otherwise) on their executing bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties each 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 any of the petitioners.
b) Each of the petitioners shall deposit Rs.3,500/- (Rupees three thousand only) in their respective names in a Nationalised / Scheduled Bank /Co-operative Society as the case may be intially for a period of two years (renewable as per order of the learned magistrate) and produce the Fixed Deposit receipts before the learned magistrate while executing the bail bonds.
c) In case, the case is decided against the petitioners or any of them and compensation is awarded to the defacto complainant, such compensation to the extent possible could be realised from the amount in deposit.
d) Petitioners shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier .
e) Petitioners shall report to the investigating officer as and when required for interrogation.
f) Petitioners shall not get involved any offence during the period of this bail.
g) Petitioners shall not influence or intimidate the witnesses.
h) In case any of condition nos.(b) and (d) to (g) is violated, it is open to the investigating officer to file application before the learned magistrate until committal of the case if any and thereafter before the learned Principal Sessions Judge concerned for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
VI. It is made clear that it is within the power of the Police to investigate the matter and if necessary, effect recoveries on the information if any given by any of the petitioners even when the petitioners are on bail.
THOMAS P. JOSEPH JUDGE NS