Petitioner is the 2nd accused in Crime No.245 of 2014 of the Cheemeni Police Station for the offences punishable under Sections 143, 147, 148, 341, 326, 308 r/w Section 149 of the Indian Penal Code, is in custody from 07.06.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 25.05.2014 at about 09.30 p.m., the petitioner along with first accused and others attacked the de facto complainant with iron rod. Some of the accused are yet to be identified.
3. Learned counsel submits that the allegations against the petitioner even if accepted, is only that he wrongfully restrained the de facto complainant.
4. On hearing both sides, it appears to me that the allegation of use of iron rod is attributed to the first accused. Having regard to the role attributed to the petitioner, I am inclined to grant relief but subject to conditions to prevent recurrence of such incidents in future and from a future date since investigation is not completed.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.245 of 2014 of the Cheemeni Police Station and shall be released on bail (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties 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 the petitioner.
(b) Petitioner shall report to the officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m until filing of the final report.
(c) Petitioner shall report to the investigating officer as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(ii) In case the petitioner violates any of condition Nos.
(b) to (e), 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).
(iii) Since investigation is not completed, this order granting bail will take effect only from 28.06.2014 .
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge