Petitioners are accused in Crime No.680 of 2014 of the Attingal Police Station for the offences punishable under Sections 294(b), 452, 341, 323, 427 and 506(ii) read with Sec.34 of the Indian Penal Code, apprehend arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 18.05.2014 at about 10.00 p.m, the petitioners trespassed into the house of the de facto complainant and attacked him with cricket stump. Household articles were damaged causing loss of Rs.6,000/-.
3. Learned counsel submitted that the allegations are not true. It is submitted that vehicle of the de facto complainant hit the 3rd petitioner and caused injuries to him. Petitioners went to the house of the de facto complainant to question that. Thereon some of the petitioners were assaulted. Learned counsel has invited my attention to the wound certificate of the 2nd petitioner to show that he has suffered (minor) injuries. Learned counsel also invited my attention to the first information report of the de facto complainant to contend that there is no allegation that he was assaulted with stump.
4. The stump is not so far recovered. But having regard to the nature of the allegations made against the petitioners, I am satisfied that their custodial interrogation is not required (provided the stump is recovered/seized). Hence I am inclined to grant relief, at the same time protecting the interest of the de facto complainant to some extent as well.
Application is disposed of as under:
(i) Petitioners shall surrender before the the Officer investigating Crime No.680 of 2014 of the Attingal Police Station on 26.06.2014 at 10.00 a.m for interrogation.
(ii) If interrogation of the petitioners is not completed that day, they shall appear before the officer investigating the case on the day/days and time directed by him which the petitioners shall comply.
(iii) In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day.
(iv) On such production, the petitioners shall be released (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) Petitioners shall deposit Rs.3,000/- (Rupees Three thousand only) each in a Nationalized Bank of their choice initially 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 bond.
(c) In case the petitioners or any of them are/is made liable to pay compensation such amount to the extent possible can be realized from the amount in deposit.
(d) Petitioners shall report to the officer investigating the case on every alternate Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until final report is filed, whichever is earlier.
(e) Petitioners shall report to the officer investigating the case as and when required for interrogation.
(f) Petitioners shall not get involved in any offence during the period of this bail.
(g) Petitioner shall not intimidate or influence the witnesses.
(v) In case the petitioner violates any of conditions (b) to (g), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
It is directed that in case the stump allegedly used is either not seized or recovered by the time the 1st petitioner is produced before the learned magistrate, this order granting pre-arrest bail to the 1st petitioner will cease to be effective in which case it is open to the 1st petitioner to seek bail.
THOMAS P. JOSEPH, JUDGE.
vsv