Petitioners are accused Nos.7, 3, 9, 5, 5, and 6 respectively in Crime No.212 of 2014 of the Konny Police Station for the offences punishable under Sections 143, 147, 148, 324, 326 r/w Section 34 of the Indian Penal Code, apprehend arrest and have filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that 11.02.2014 at about 2.30 a.m., the petitioners and others in the premises of a Temple and in the course of festival attacked the de facto complainant and others with iron pipe, iron rod and stick. The iron rod is not so far recovered.
3. Learned counsel submits that some of the accused in the case are granted pre-arrest bail by this Court as per order dated 28.02.2014 in B.A.No.1401 of 2014. A copy of the order also is made available to me for perusal.
4. On going through the said order I find that some of the accused are granted relief. There is no reason why that relief should not be extended by these petitioners.
Application is allowed as under:
(i) Petitioners shall surrender before the Officer investigating Crime No.212 of 2014 of the Konny 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 petitioners on other day/days and time and place as may be specified by him which the petitioners shall comply.
(iii) Petitioners shall co-operate with investigation of the case.
(iv) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(v) On such production, the petitioners shall be released 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 the petitioners.
(b) Petitioners shall report to the officer investigating the case on every 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.
(c) Petitioners shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioners shall not, during the period of this bail get involved in any offence.
(e) Petitioners shall not intimidate or influence the witnesses.
(vi) It is made clear that in case any of condition Nos. (b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge