Petitioners are accused Nos.2 to 4 and 6 respectively, in Crime No.260 of 2014 of the Manjeshwar Police Station for the offences punishable under Secs.143, 147, 148 and 326 r/w Sec.149 of the Indian Penal Code, apprehend arrest and have preferred this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 16.04.2014 at about 10p.m, the petitioners, first accused and another went in an autorikshaw to the festival ground and attacked the de facto complainant. The first accused assaulted him with a torch causing loss of tooth. Petitioners are also involved in the incident.
3. Learned counsel submits that the allegations are not true. The first accused is arrested and released on bail. The only allegation against the petitioners is that they travelled with the first accused in an autorikshaw immediately before the incident. It is submitted that the weapon used is only a torch. Learned counsel also submitted that there was some property dispute in the family involving the petitioners, de facto complainant etc.
4. Having regard to the nature of allegations against the petitioners and investigation required to the done, I am inclined to think that custodial interrogation of the petitioners is not required. Hence I am inclined to grant bail but subject to conditions.
Resultantly the application is disposed of as under:
(i) Petitioners shall surrender before the officer investigating Crime No.260 of 2014 of the Manjeshwar 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 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) Petitioners shall report to the officer investigating Crime No.260
period of two months or till final report is filed, whichever is earlier.
(c) Petitioners shall report to the Investigating Officer as and when required for interrogation.
(d) Petitioners shall not get involved in any offence during the period of this bail.
(e) Petitioners shall not intimidate or influence the witnesses.
(f) In case the petitioners violate any of condition Nos.(b) to (e), 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