Petitioner is accused in Crime No.290 of 2014 of the Sreekandapuram Police station for the offences punishable under Sections 452, 324, 506(ii) of the Indian Penal Code, apprehends arrest and has filed the application. 2. The learned Public Prosecutor has opposed the application. It is submitted that on 24.02.2014 at about 10.20 p.m. while the de facto complainant (brother of the petitioner) and others in the family were watching TV from his house, the petitioner trespassed into the house and voluntarily caused hurt to the de facto complainant and two others with a wooden stick. It is submitted that the stick is not recovered.
3. The learned counsel submitted that the petitioner and the de facto complainant are direct brothers and there was dispute regarding the property belonging to the father. On a previous occasion the de facto complainant and others attacked the petitioner and his wife. In the incident on hand also, the petitioner and his wife sustained injury as revealed by Annexures 3 & 4. The learned counsel submits that the petitioner is prepared to produce the weapon (allegedly) used in the incident before the police.
4. Having regard to the relevant circumstances, I am inclined to grant relief to the petitioner subject to conditions.
The application is disposed of as under :
1. Petitioner shall surrender before the officer investigating the case on 06.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days as directed by the investigating officer.
3. The petitioner shall co-operate with investigation of the case.
4. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
5. On such production the petitioner shall be released (if not required to be detained otherwise) on his executing bond for `20,000/- (Rupees twenty 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 report to the investigating officer on every alternate Saturday between 4 p.m. and 5 p.m. for a period of two months or until filing of the final report whichever is earlier.
c. Petitioner shall report to the investigating officer as and when required for interrogation.
d. Petitioner shall not influence or intimidate any of the witnesses.
e. Petitioner shall not get involved any offence during the period of this bail.
f. In case any of conditions Nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned Magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
6. It is directed that in case the weapon (allegedly) used by the petitioner is either not seized or recovered by the time the petitioner is produced before the learned magistrate, this order granting pre-arrest bail would cease to be effective. Thereon it is open to the petitioner to request the learned magistrate for regular bail.
AMV Sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE