Petitioners are accused 2 and 6 in Crime No.453 of 2014 of the Chengannur Police Station for the offences punishable under Sections 143, 147, 148, 447, 307, 324, 323 and 427 r/w Section 149 of the Indian Penal Code, apprehend arrest and have filed the application.
2. Application is opposed by the learned Public Prosecutor.
3. It is submitted that on 08.03.2014 at about 11.30 p.m., the petitioners and others formed unlawful assembly and trespassed into the compound of the de facto complainant and attacked him with deadly weapons. His car and building were damaged causing loss of around Rs.10,000/-.
4. Learned counsel submits that the allegations are not true and that the petitioners are falsely implicated. It is submitted that to accused 4 and 5, this Court has granted pre- arrest bail.
5. I have gone through the order granting pre-arrest bail to accused 4 and 5 and find that it is considering the nature of allegations made against those accused that relief was granted. In this case, it is submitted that the first petitioner/second accused was carrying the iron rod. Having regard to the nature of the allegations, request of the first petitioner for pre-arrest bail cannot be allowed.
6. So far as the second petitioner/sixth accused is concerned, the allegation is that he kicked the de facto complainant, apart from allegedly causing damaged to the buildings. In the nature of the relief granted to accused 4 and 5, I am inclined to extent the same relief to the second petitioner as well.
Application is disposed of as under:
(I) Request for pre-arrest bail made by the first petitioner/second accused in Crime No.453 of 2014 of the Chengannur Police Station is rejected.
(II) (i) Second petitioner/6th accused shall surrender before the officer investigating Crime No.453 of 2014 of the Chengannur Police Station on 28.05.2014 at 10 a.m for interrogation.
(ii) If interrogation of the second petitioner/6th accused could not be completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply.
(iii) Second petitioner/6th accused shall co-operate with the investigation of the case.
(iv) In case arrest of the second petitioner/6th accused is recorded, he shall be produced before the jurisdictional magistrate the same day.
(v) On such production, the second petitioner/6th accused shall be released on bail, if not required to be detained otherwise on his executing bond for Rs.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 second petitioner/6th accused.
(b) Second petitioner/6th accused shall report to the officer investigating the case on every alternate 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) Second petitioner/6th accused shall report to the officer investigating the case as and when required for interrogation.
(d) Second petitioner/6th accused shall not get involved in any offence during the period of this bail.
(e) Second petitioner/6th accused 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 (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) 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