Petitioners are accused nos.1 to 4 in Crime No.766 of 2014 of the Taliparamba Police station for the offences punishable under Secs.143, 147, 148, 341, 324, 452 and 308 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 29.05.2014 at about 10.30 a.m., the petitioners due to political enmity trespassed into the house of the defacto complainant and attacked him with sword and wooden stick. Petitioners 1 and 2 used iron rod and stick which are recovered. The petitioners 3 and 4 assaulted the defacto complainant.
3. Learned counsel submitted that no serious injury is caused to the defacto complainant. He has read over to me the body note attached to the FIS to contend that the injury suffered is only minor.
4. Having regard to the nature of allegations made against the petitioners 1 and 2 and the investigation required to be done, their request for pre arrest bail cannot be allowed but I am inclined to grant relief to the petitioners 3 and 4 .
The application is disposed of as under:
I(i). Request of the petitioners 1 and 2/accused 1 and 2 in Crime No.766 of 2014 of Taliparamba Police station for pre arrest bail is rejected leaving it open to them to surrender before the officer investigating the case.
(ii). It is directed that in case the petitioners1 and 2/accused 1 and 2 are arrested, they shall be produced before the jurisdictional magistrate as early as possible.
II. Petitioners 3 and 4/accused 3 and 4 shall surrender before the officer investigating Crime No.766 of 2014 of the Taliparamba Police station on 18.06.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioners 3 and 4/accused 3 and 4 is not completed that day, it is open to the investigating officer to direct their presence on any other day/days and time which they shall comply.
3. In case arrest of the petitioners 3 and 4/accused 3 and 4 is recorded they shall be produced before the jurisdictional magistrate the same day.
4. On such production learned magistrate shall release the petitioners 3 and 4/accused 3 and 4 on bail (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 petitioners 3 and 4/accused 3 and 4.
b) The Petitioners 3 and 4/accused 3 and 4 shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier .
c) The Petitioners 3 and 4/accused 3 and 4 shall report to the investigating officer as and when required for interrogation.
d) The Petitioners 3 and 4/accused 3 and 4 shall not get involved any offence during the period of this bail.
e) The Petitioners 3 and 4/accused 3 and 4 shall not influence or intimidate the witnesses.
f) In case any of condition nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate (until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail granted hereby, 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