Petitioners are accused Nos.1 and 2, in Crime No.904 of 2013 of the Mukkom Police Station for the offences punishable under Secs.341, 326 and 308 r/w Sec.34 of the Indian Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 18.12.2013 at the relevant time in the premises of the KMCT Medical College, Manassery, the petitioners assaulted the de facto complainant, another student of that college with stone and caused fracture of the tooth.
3. Learned Senior Advocate for the petitioners submits that the allegations are not true. It is submitted that the de facto complainant, Manuel and another attacked the petitioners on 18.12.2013 at about 1.30p.m and a case was registered against them on the same day as Crime No.900 of 2013 for the offences under Sec.341, 323 and 308 of the Penal Code. My attention is also drawn to Annexure-C, wound certificate of Manuel regarding cause of injury stated therein. It is further contended that the case was registered only after the case against the de facto complainant and others was registered.
4. I have gone through the CD file and find from the wound certificate that the de facto complainant has suffered fracture of the tooth. The cause of injury stated therein is also the alleged attack. In Annexure-C, wound certificate of Manuel, it is stated that he suffered injury due to assault by the de facto complainant and others. Having regard to the nature of allegations and other circumstances, I am inclined to grant relief to the petitioners but subject to stringent conditions and protecting the interest of the de facto complainant also.
Resultantly this application is allowed as under:
(i) Petitioners shall surrender before the officer investigating Crime No.904 of 2013 of the Mukkom Police Station on 10.06.2014 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 petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(iv) On such production the petitioners shall be released on bail (if not required to be detained otherwise) on their executing bond for `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.
(b) Each of the petitioners shall deposit `5,000/- (Rupees Five Thousand Only) in a Nationalised Bank for a period of two years (renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipts before the learned magistrate while executing the bail bonds.
(c) In case the petitioners or any of them are made liable to pay compensation, such compensation to the extent possible could be realised from the amount in deposit.
(d) Petitioners shall report to the Investigating Officer as and when required for interrogation.
(e) Petitioners shall not get involved in any offence during the period of this bail.
(f) Petitioners shall not intimidate or influence the witnesses.
(g) In case the petitioners violate any of condition Nos.(d) to (f), it is open to the investigating officer to move the learned magistrate (until committal 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).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge