These applications are preferred by accused Nos.2 and 1 respectively, in Crime No.640 of 2014 of the Palakkad Town South Police Station for the offences punishable under Secs.324 and 308 of the Indian Penal Code. Petitioners apprehend arrest.
2. Learned Public Prosecutor has opposed the applications.
It is submitted that on 03.05.2014 at the relevant day and time, the petitioners attacked the de facto complainant with iron rod and stone. The weapons are recovered. The de facto complainant suffered injury on the scalp.
3. Learned counsel submits that the allegations are not true.
4. On hearing both sides, considering the motive alleged, that the petitioners are not reported to be involved in any other case from the Palakkad Town South Police Station and as the weapons are recovered, I am inclined to think that custodial interrogation of the petitioners is not required. Hence I am inclined to grant relief but subject to conditions protecting interest of the de facto complainant as well.
The applications are allowed as under:
(i) Petitioners shall surrender before the officer investigating Crime No.640 of 2014 of the Palakkad Town South Police Station on 27.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on their executing bond for `20,000/- (Rupees Twenty 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 the petitioner.
(b) Petitioners shall deposit `5,000/- (Rupees Five Thousand Only) each in a Nationalised/Scheduled bank or Co-operative society for a period of two years (renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipts before the learned magistrate while executing the bail bonds.
(b) In case the petitioners or any of them are/is found liable to pay compensation to the de facto complainant, such compensation to the extent possible could be realised from the amount in deposit.
(c) Petitioners shall report to the officer investigating the case on all alternate Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(d) Petitioners shall report to the Investigating Officer as and when required for interrogation.
(e) Petitioners shall not get involved in any offence during the period of this bail.
(f) Petitioners shall not intimidate or influence the witnesses.
(g) In case the petitioners violate any of condition Nos.(c) to (f), 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).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge