Petitioner is the second accused in Crime No.1069 of 2014 of the Thiruvalla Police Station for the offence punishable under Sec.308 r/w Sec.34 of the Indian Penal Code on the allegation that on 28.05.2014 at about 8.10p.m he, along with others wrongfully restrained the de facto complainant, the first accused assaulted the de facto complainant with sword on the head which he evaded, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioner wrongfully restrained the de facto complainant.
3. Learned counsel submits that at the instance of the petitioner, Annexure-A2, crime was registered and thereafter the de facto complainant gave information regarding the alleged incident.
4. Hearing both sides it is revealed that the de facto complainant has not sustained any serious injury. Having regard to the nature of allegations made against the petitioner (wrongful restraint), I am inclined to think that his custodial interrogation is not required. Hence I am inclined to allow the request but subject to conditions.
The application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.1069 of 2014 of the Thiruvalla Police Station on 07.07.2014 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 petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production the petitioner shall be released on bail (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) Petitioner shall report to the officer investigating the case on all alternate Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(b) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(c) Petitioner shall not get involved in any offence during the period of this bail.
(d) Petitioner shall not intimidate or influence the witnesses.
(e) In case the petitioner violates any of condition Nos.(a) to (d), it is open to the investigating officer to move the learned magistrate (until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned) 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