Petitioners are accused nos. 1 to 4 in Crime No.1054 of 2013 of the Thrissur East Police station for the offence punishable under Secs.306 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that one Babukuttan committed suicide and a case was registered for natural death. The allegation is that petitioners and others spread scandal regarding involvement of Babukuttan in sexual offences. There was a harthal and procession under the leadership of the petitioners.
3. It is seen from Annexure A2 order dated 12.11.2013 that to another accused in the same case, this Court has granted relief.
On hearing both sides, I am inclined to grant the same relief to the petitioners as well.
The application is allowed as under.
1. Petitioners shall surrender before the officer investigating Crime No.1054 of 2013 of the Thrissur East Police station on 28.05.2014 at 10.00 am for interrogation.
2. 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.
3. Petitioners shall co-operate with the investigation of the case.
4. After interrogation, in case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
5. On such production learned magistrate shall release the petitioners ( if not required to be detained otherwise) on bail on their executing bond for Rs.25,000/- (Rupees twenty five 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 report to the investigating officer on every alternate Saturdays between 10.00 a..m. and 12.00 p.m. until filing of the final report.
c) Petitioners shall report to the investigating officer as and when required for interrogation.
d) Petitioners shall not get involved any offence during the period of this bail.
e) Petitioners shall not influence or intimidate the witnesses.
f) It is made clear that in case any of condition nos.(b) to (e) is violated, it is open to the investigating officer to seek cancellation of 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 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge