These applications are preferred by the 1st and 2nd accused respectively, in Crime No.662 of 2014 of the Kallambalam Police Station for the offences punishable under Sections 294(b), 427, 307 r/w Section 34 of the Indian Penal Code. The second accused is in custody from 22.05.2014 and seeks regular bail while the first accused, apprehending arrest has sought pre-arrest bail.
2. Learned Public Prosecutor has opposed the applications. It is submitted that on 18.05.2014 at about 08.30 p.m. these accused and others, following a collission between the vehicles in which themselves and others and the de facto complainant travelled, assaulted the de facto complainant with knife and inflicted deep injury on the stomach. De facto complainant's car was damaged causing loss. The weapon is not recovered.
3. Learned counsel submitted that the allegations are not true. There was a scuffle following collission of the vehicles.
4. I have gone through the C.D file. I find from the wound certificate of the de facto complainant that he sustained serious injury on the abdomen. The first accused is said to have inflicted that injury. The weapon is not recovered. In the circumstances, request of first accused for pre-arrest bail cannot be allowed as that would affect investigation of the case.
5. So far as second accused is concerned, apart from sharing the common intention with other accused, he damaged the car. Second accused is not reported to be involved in any other case from the Kallambalam Police Station. I am inclined to think that further custody of the second accused is not required. Hence I am inclined to grant relief but subject to conditions and protecting interest of the de facto complainant also.
Applications are disposed of as under:
(I) B.A.No.4253 of 2014 Application is dismissed.
(II) B.A.No.4445 of 2014 Application is allowed as under:
(i) Petitioner/second accused is granted bail in Crime No.662 of 2014 of the Kallambalam Police Station and shall be released on bail, (if not required to be detained otherwise) on his executing bond for 20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) The petitioner/second accused shall deposit of Rs.10,000/-(Rupees ten thousand only) in a Nationalized/Scheduled Bank/Co-operative Society in his name initally for a period of two years (renewable as per order of the learned magistrate) and produce the FD receipt before the learned magistrate while executing the bail bond.
(c) In case the case is decided against the petitioner/second accused and he is made liable to pay compensation to the defacto complainat, such compensation to the extent possible could be realized from the amount in deposit.
(d) The petitioner/second accused 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 filing of the final report, whichever is earlier.
(e) The petitioner/second accused shall report to the Investigating Officer as and when required for interrogation.
(f) The petitioner/second accused shall not get involved in any offence during the period of this bail.
(g) The petitioner/second accused shall not intimidate or influence the witnesses.
(III) In case the petitioner/second accused violates any of condition Nos.(d) to (g), it is open to the investigating officer to move the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge