Petitioner is the third accused in Crime No.324 of 2004 of the Adoor Police Station for the offences punishable under Secs.324 and 326 r/w Sec.34 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 03.05.2004 at about 10.30p.m, the petitioner and others in furtherance of their common intention voluntarily caused hurt/grievous hurt to the de facto complainant with dangerous weapons after spraying chilly powder on the face of the de facto complainant. It is submitted that as per the prosecution case, the petitioner sprayed chilly powder and assaulted the de facto complainant with a stick. The final report was filed on 07.06.2004. Petitioner was absconding.
3. Learned counsel submits that the petitioner had gone abroad in connection with a job. It is submitted that the first accused was tried and acquitted in C.C.No.817 of 2004.
4. Having regard to the fact that the case is now pending trial before the learned Judicial First Class Magistrate-I, Adoor as C.C.No.957 of 2012 and detention of the petitioner is not required for any purpose, I am inclined to grant relief but subject to conditions protecting the interest of the de facto complainant as well.
Resultantly this application is allowed as under:
(i) Petitioner is granted bail in Crime No.324 of 2004 of the Adoor Police Station (C.C.No.957 of 2012 of the Judicial First Class Magistrate Court-I, Adoor)
(ii) Petitioner shall surrender before the learned Judicial First Class Magistrate-I, Adoor in the aforesaid case on or before 03.06.2014.
(ii) On such surrender the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for `25,000/- (Rupees Twenty Five 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 surrender his passport before the learned magistrate while executing the bail bond and in case he has none, file affidavit to that effect.
(c) Petitioner shall deposit deposit `15,000/- (Rupees Fifteen 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 receipt before the learned magistrate while executing the bail bond.
(d) In case the petitioner is made liable to pay compensation, such amount to the extent possible could be realised from the amount in deposit.
(e) Petitioner shall not until culmination of the proceeding or otherwise permitted by the learned Judicial First Class Magistrate-I, Adoor go beyond the State of Kerala.
(f) The passport surrendered by the petitioner shall not be returned until culmination of the proceeding or otherwise ordered by the learned Judicial First Class Magistrate-I, Adoor.
(g) Petitioner shall report to the Investigating Officer as and when required for interrogation at all reasonable time and place.
(h) Petitioner shall not get involved in any offence during the period of this bail.
(i) Petitioner shall not intimidate or influence the witnesses.
(j) In case the petitioner violates any of condition Nos.(g) to (i), 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