Petitioners are accused 2, 3, 5 and 6 in Crime No.223 of 2014 of the Pandikkad Police Station for the offences punishable under Sections 143, 147, 148, 326 and 341 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 01.04.2014 at 7.30 p.m petitioners and others attacked the de facto complainant with iron cable and caused fracture of tip of lower incisor. The weapon is recovered.
3. Learned counsel submitted that the allegations are not true. The de facto complainant and others attacked some of the accused for which the police have registered Crime No.224 of 2014 under Secs.323 and 506(i) of the IPC. It is also submitted that the allegation regarding use of iron cable is attributed to the 1st accused.
4. Having regard to the nature of the allegations, I am inclined to grant relief subject to conditions and at the same protecting the interest of the de facto complainant to some extent.
Application is disposed of as under:
(i) Petitioners shall surrender before the the Officer investigating Crime No.223 of 2014 of the Pandikkad Police Station on 10.06.2014 at 10.00 a.m for interrogation.
(ii) If interrogation of the petitioners is not completed that day, they shall appear before the officer investigating the case on the day/days and time as directed 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 (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 jurisdictional 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 jointly deposit Rs.15,000/- (Rupees Fifteen thousand only) in a Nationalized Bank of their choice initially for a period of two years (renewable as per order of the learned magistrate) and produce the Fixed Deposit Receipt before the learned magistrate while executing the bail bonds.
(c) In case the petitioners or any of them are/is made liable to pay compensation, such amount to the extent possible can be realized from the amount in deposit.
(d) Petitioners 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.
(e) Petitioners shall report to the officer investigating the case as and when required for interrogation.
(f) Petitioners shall not get involved in any offence during the period of this bail.
(g) Petitioners shall not intimidate or influence the witnesses.
(v) In case the petitioners violate any of conditions (d) to (g), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
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