This is an application for bail filed by the second accused in Crime No.384 of 2014 of Hosdurg Plice Station punishable under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nut shell was that on 23.03.2014 at 12.10 a.m. while the de facto complainant and other police officers were on patrol duty, the accused persons restrained them and abused them with filthy language and pelted stones against them and prevented them from discharging their duty with an intention to commit murder caused damage to the police vehicle and thereby all of them have committed the offences punishable under Sections 143, 147, 148, 341, 332, 294(b), 307 read with Section 149 of the Indian Penal Code and Section 3(1) of Prevention of Destruction of Public Property Act (in short PDPP Act)
3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in the case. He was arrested on 19.04.2014 and he is in jail from that day onwards.
4. The application was opposed by the public prosecutor on the ground that the investigation is not over and in fact the petitioner and others were part of Sand mafia against whom cases have been registered by the Hosdurg Police officials and as retaliation for the same, this incident had happened. So, if the bail is granted, they are likely to influence the witnesses.
5. Heard both sides and perused the records.
6. It is seen from the records that the above case was registered on the basis of the statement given by the de facto complainant, who is a police officer against one K.P.Nazeer and other five identifiable persons alleging offences under sections 143, 147, 148, 341, 332, 294(b), 307 read with Section 149 of the Indian Penal Code and Section 3 of PDPP Act, 1984. It is later revealed that present petitioner has also involved and he has been implicated as second accused and arrested on 19.04.2014 and he is in jail from that day onwards. It is also seen from the records that this Court has granted bail to first accused as per order in B.A. No.2935/2014 dated 02.05.2014. Considering the circumstances, this Court feels that bail can be granted to the petitioner as well with some conditions. Since destruction of the public property also involved as per the decision of this Court in Hemachandran v. Sub Inspector of Police [2011 (4) KLT 841] and Satheesh Kumar v. Malabar Devaswom Board and others [2011 (4) KHC 689] proportionate amount of loss caused to the public property can also be directed to be deposited as condition for granting bail to the petitioner. So the application is allowed with following conditions :
1. The petitioner shall be released on bail on his executing a bond for a sum of `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court-I, Hosdurg and also on further condition that the petitioner shall deposit `2,500/- being the share of the petitioner towards the value of damage caused to the public property on the date of execution of the bond.
2. The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m. for a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed.
3. The petitioner shall appear before the Investigating Officer for the purpose of interrogation as and when required in connection with the above crime in writing to do so till the final report is filed.
4. The petitioner shall not intimidate or influence the witnesses.
5. The petitioner shall not leave State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court-I, Hosdurg or from the court to which the case will be committed for trial till the disposal of the case.
6. The amount deposited as directed by this Court shall not be disbursed to the petitioner till the disposal of the case. If ,he is acquitted in the case, then, he is entitled to get back the amount deposited. If, he is convicted by the court, then this amount can be adjusted towards the share payable as compensation for the damage caused to the vehicle ultimately to be recovered from the petitioner as directed in the decision cited supra.
With the above conditions the bail application is allowed.
AMV/ Sd/- (K.RAMAKRISHNAN, JUDGE) /TRUE COPY/ P.A.TO JUDGE