Petitioner is the 2nd accused in Crime No.564 of 2013 of the Muhamma Police station for the offences punishable under Secs.447, 324, 326 and 308 read with Sec.34 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 12.09.2013 at about 2.45 a.m., the petitioner and others trespassed into the compound of the defacto complainant and attacked him and others. Final report is filed in the Judicial First Class Magistrate's Court-II, Cherthala on 24.04.2014 showing the petitioner as absconding.
3. Learned counsel submitted that the allegation that the petitioner was absconding is not true.
4. Since custody of the petitioner is not shown to be required and since he is not reported to be involved in any other case from the Muhamma Police station, I am inclined to grant relief to him but subject to conditions.
Application is allowed as under.
1. Petitioner is granted bail in Crime No.564 of 2013 of the Muhamma Police station.
2. Petitioner shall surrender before the learned Judicial First Class Magistrate-II, Cherthala in the aforesaid case on or before 26.06.2014.
3. On such surrender, learned magistrate shall release the petitioner (if not required to be detained otherwise) on bail 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) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report the investigating officer if and when required for interrogation.
(c) Petitioner shall not get involved in any offence during the period of this bail.
(d) Petitioner shall not intimidate or influence the witnesses.
(e) In case any of condition nos.(b) to (d) is violated, it is open to the investigating officer to file application before the learned magistrate (until committal of the case 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).
4. It is made clear that in case the petitioner does not surrender before the learned magistrate within the time granted hereby, this order will cease to be effective on the expiry of time granted hereby.
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge