Petitioner is the second accused in Crime No.759 of 2014 of the Pudukkad Police station for the offences punishable under Sections 143, 147, 148, 341, 323, 326, 308, 447 and 506(i) read with Section 149 of the Indian Penal Code, apprehends arrest and has filed the application. 2. The learned Public Prosecutor has opposed the application.
It is submitted that on 20.04.2014 at about 3.45 p.m., the petitioner and others trespassed into house of the de facto complainant and attacked him with an iron road. Iron road is recovered. Accused Nos.1 and 3 to 6 are arrested. Accused Nos.7 and 8 are juveniles. It is also submitted that the petitioner is involved in Crime No.227 of 2014 for the offence punishable under Section 308 of the Indian Penal Code.
3. I have heard the learned counsel for the petitioner also.
4. The allegation against the petitioner is that he wrongfully restrained the de facto complainant. No recovery is required to be effected at this instance. Having regard to the relevant circumstances, I am inclined to grant relief to the petitioner but subject to conditions.
The application is disposed of as under :
1. Petitioner shall surrender before the officer investigating Crime No.759 of 2014 on 09.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case any other day/days at all reasonable time and place as directed by the investigating officer.
3. In case petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
4. On such production, the petitioner shall be released (if not required to be detained otherwise) on his executing bond of `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. One of the sureties shall be a close relative of the petitioner.
b. Petitioner shall deposit `15,000/- (Rupees fifteen thousand only) in a nationalized bank (initially for a period of two years and renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond.
c. In case compensation is awarded to the victim and the petitioner is made liable, such compensation to the extent possible could be realised from the amount in deposit.
d. Petitioner shall report to the investigating officer on every alternate Saturday between 10 a.m and 12 p.m. for a period of two months or until filing of the final report, whichever is earlier.
e. Petitioner shall report to the investigating officer as and when required for interrogation.
f. Petitioner shall not influence or intimidate any of the witnesses.
g. Petitioner shall not get involved any offence during the period of this bail.
h. In case any of condition Nos.(d) to (g) is violated, it is open to the investigating officer to file application before the learned magistrate until committal if any and thereafter before the learned Principal Sessions Judge concerned 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