Petitioners are accused Nos. 2 and 4 in Crime No.226 of 2014 of the Kumbla Police Station for the offences punishable under Sections 341, 323, 294(b) and 153A r/w Section 34 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 14.04.2014 at about 12.30.p.m, the petitioners and others attacked the de facto complainant who belongs to the Hindu community for the reason of his going to the house of a Muslim for plumbing work.
3. Learned counsel submits that to the 3rd accused, this Court has granted relief as per order dated 30.05.2014 in B.A.No.3506 of 2014.
4. I have gone through the said order. In the light of the circumstances stated above, I am inclined to extend the same relief to the petitioners herein as well.
Application is allowed as under:
(i) Petitioners shall surrender before the officer investigating Crime No.226 of 2014 of the Kumbla Police Station on 26.06.2014 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 25,000/- (Rupees twenty five 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 Investigating Officer as and when required for interrogation.
(c) Petitioners shall not get involved in any offence during the period of this bail.
(d) Petitioners shall not intimidate or influence the witnesses.
(v) In case the petitioners violate any of condition Nos.
(b) to (d), 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).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge