Petitioners apprehends arrest by the Kunnamkulam Police station in Crime No.911 of 2014 and have filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that the address of the 17th petitioner given in the bail application does not tally with the Police records. The allegation is that the petitioners, on 09.04.2014 at about 4.30 p.m., took out a procession of their party which was prevented by the Police. Thereon, those persons attacked the Police and obstructed them from discharging their official duty. A case is registered for the offences punishable under Secs.143, 147, 153 and 353 read with Sec.149 of the Indian Penal Code and Sec.126 of he Representation of Peoples Act.
3. Learned counsel submitted that the allegations are not true and that at any rate, custodial interrogation of the petitioners is not required.
4. So far as the 17th petitioner is concerned, it is for the investigating officer to look into whether he is an accused in the case.
5. Having heard both sides, I am inclined to grant relief to the petitioners since custodial interrogation does not appear to be necessary.
The application is disposed of as under.
1. Petitioners shall surrender before the officer investigating Crime No.911 of 2014 of the Kunnamkulam Police station on 11.06.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioners is not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/days and time which the petitioners shall comply.
3. In case the petitioners or any of them are arrested, they shall be produced before the jurisdictional magistrate the same day.
4. On such production learned magistrate shall release the arrested petitioners on bail (if not required to be detained otherwise) on their executing bond for Rs.15,000/- (Rupees fifteen 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 arrested petitioner.
b) The arrested petitioners 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.
c) The arrested petitioners shall report to the investigating officer as and when required for interrogation.
d) The arrested petitioners shall not get involved any offence during the period of this bail.
e) The arrested petitioners shall not influence or intimidate the witnesses.
f) In case any of condition 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).
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge