Petitioners are accused Nos.1 and 2 in Crime No.378 of 2014 of the Bekal Police Station for the offences punishable under Sections 452, 323, 324 read with Section 34 of the Indian Penal Code, apprehend arrest and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 06.05.2014 at about 7.45 p.m. the petitioners and others trespassed into the house of the de facto complainant and attacked him with knife and stick. The second petitioner used the knife while the first petitioner and the third accused used stick. The weapons are recovered.
3. Learned counsel submits that on the same day at about 7 p.m. husband of the de facto complainant attacked the first petitioner for which crime No.377 of 2014 is registered. It is also submitted that the third accused is arrested and released on bail.
4. On hearing both sides, it is revealed that the weapons are recovered. Petitioners are not reported to be involved in any other case. In this circumstances, I am inclined to think that the custodial interrogation of the petitioners is not required. I am inclined to grant relief but subject to conditions.
The application is disposed of as under :
1. Petitioners shall surrender before the officer investigating the case on 27.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioners shall appear before the officer investigating the case on any other day/days and time as directed by the investigating officer.
3. In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day.
4. On such production, the petitioners shall be released on bail, if not required to be detained otherwise on their executing bond of `20,000/- (Rupees twenty thousand only) each with two sureties 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 on every alternate Saturday between 10 a.m. and 12 p.m. until the final report is filed or for two months whichever is earlier.
c. Petitioners shall report to the investigating officer as and when required for interrogation .
d. Petitioners shall not get involved in any offence during the period of this bail.
e. Petitioners shall not influence or intimidate any of the witnesses.
f. In case any of conditions Nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
AMV sd/-
THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE