Petitioners are accused in Crime No.592 of 2014 of the Tanur Police Station for the offence punishable under Sections 143, 147, 148, 323, 324, 341, 326 read with Section 149 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor and the learned counsel for the de facto complainant have opposed the application. It is submitted that on 10.04.2014 at about 9.30 p.m. the petitioners assaulted the de facto complainant with a reaper causing fracture of the right fore-arm. The reaper is not recovered.
3. The learned counsel for the de facto complainant submitted that the petitioners are regularly intimidating the de facto complainant with a demand to withdraw the case and Crime No. 696/2014 is registered against the petitioners for that. A writ petition is filed in this Court seeking police protection for the de facto complainant.
4. The learned counsel submits that the allegations are not true. According to the learned counsel, there was some wordy altercation between the petitioners and the de facto complainant and others in connection with election campaign, the de facto complainant ran away, fell down and suffered injury.
5. Hearing both sides it is revealed that the allegation of assault with reaper is attributed to the first petitioner/first accused. Since that weapon is not recovered, his request for pre-arrest bail cannot be allowed.
6. So far as the petitioners 2 to 7 are concerned, it is not revealed that their custodial interrogation is required. Hence, I am inclined to grant relief to them protecting interest of the de facto complainant as well.
The application is disposed of as under :
I. Request of the first petitioner/first accused for pre-arrest bail is rejected. It is directed that in case he is arrested, he shall be produced before the jurisdictional magistrate as early as possible.
II. Petitioners 2 to 7 shall surrender before the officer investigating Crime No.592 of 2014 of Tanur Police Station on 05.06.2014 at 10 a.m.
III. In case interrogation of the petitioners 2 to 7 is not completed that day, they shall appear before the officer investigating the case on any other day/days and time as directed by the investigating officer.
IV. In case the petitioners 2 to 7 are arrested, they shall be produced before the jurisdictional magistrate the same day.
V. On such production, the petitioners 2 to 7shall be released, if not required to be detained otherwise on their executing bond of `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 2 to 7.
b. Petitioners 2 to 7 shall jointly deposit a sum of `25,000/- (Rupees twenty five thousand only) in a nationalized bank (initially for a period of two years and renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond.
c. In case the petitioners 2 to 7 or any of them are/is found liable to pay compensation to the de facto complainant, such compensation to the extent possible could be realised from the amount in deposit.
d. Petitioners 2 to 7 shall report to the investigating officer on every alternate Saturday between 10 a.m and 12 p.m. For a period of two months or until filing of the final report, whichever is earlier.
e. Petitioners 2 to 7 shall report to the investigating officer as and when required for interrogation.
f. Petitioners 2 to 7 shall not influence or intimidate the any of the witnesses.
g. Petitioners 2 to 7 shall not get involved any offence during the period of this bail.
VI. It is directed that in case the petitioners 2 to 7 violate any of the conditions Nos.(d) to (f), bail granted to them hereby is liable to be cancelled by the learned Magistrate as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100] on the application moved by the investigating officer or the de facto complainant as the case may be.
AMV Sd/-
THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE