Petitioner is accused in Crime No.229 of 2014 of the Medical College Police station, Kozhikode for the offences punishable under Secs.294(b), 341 and 326 of the Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 04.04.2014 at about 12.30 p.m., the petitioner voluntarily caused grievous hurt to the defacto complainant with reaper while the later was attending a house warming ceremony.
3. Learned counsel submitted that the allegations are not true. It is submitted that the petitioner is included in the PSC rank list. According to the learned counsel, following consumption of liquor there was some scuffle. It is submitted that the allegation that the petitioner caused injury is not correct. Though the alleged incident was on 04.04.2014, the First Information Statement was given only on 07.04.2014.
4. I have gone through the CD file and find that the First Information Statement was given at the Police station on 07.04.2014. There, the motive alleged is enmity due to the defacto complainant setting right the chairs which were deranged by the petitioner and others. It is revealed that the reaper is taken to custody. In the circumstances, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief to the petitioner but subject to conditions and protecting interest of the defacto complainant also to some extent.
The application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.229 of 2014 of the Medical College Police station on 12.06.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
4. On such production learned magistrate shall release the petitioner on bail ( if not required to be detained otherwise) on his executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
a) Petitioner shall deposit Rs.12,500/- (Rupees twelve thousand five hundred only) in a nationalised bank (initially for a period of two years and renewable as per order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond.
b) In case the case is decided against the petitioner and he is made liable to pay compensation, such compensation to the extent possible could be realised from the amount in deposit.
c) Petitioner shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier.
d) Petitioner shall report to the investigating officer as and when required for interrogation.
e) Petitioner shall not get involved any offence during the period of this bail.
f) Petitioner shall not influence or intimidate the witnesses.
g) In case any of condition nos.(c) to (f) 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).
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge