Petitioner is the third accused in Crime No.666 of 2013 of the Pooyappally Police Station for the offences punishable under Secs.143, 147, 148, 447, 341, 324 and 326 r/w Sec.149 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 30.04.2013 at about 11.15p.m, the petitioner and others trespassed into the compound of the de facto complainant, called him out and the first accused assaulted him with deadly weapons causing fracture. Petitioner and others are said to have assaulted the de facto complainant.
3. Learned counsel submits that accused Nos.1 and 2 were granted pre-arrest bail as per order dated 19.02.2014 in B.A.No.948 of 2014 which is annexed to this application.
4. I have gone through the said order. There is no reason why the petitioner who is said to have accompanied the first accused and others should not get that relief. Hence I am inclined to grant relief to the petitioner but subject to conditions.
The application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.666 of 2013 of the Pooyappally Police Station on 16.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production the petitioner 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 learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the officer investigating Crime No.666 of 2013 of the Pooyappally Police Station on all alternate Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(c) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case the petitioner violates any of condition Nos.(b) to (e), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge