Petitioners are accused Nos. 4, 5 and 3 in Crime No.795 of 2014 of the Ollur Police Station for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 307 r/w Section 149 of the Indian Penal Code, apprehend arrest and have filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 14.04.2014 at about 11.00 p.m., the petitioners and others attacked the de facto complainant and his brother with chopper. The brother of the de facto complainant sustained serious injuries including a few lacerated wounds and fracture of frontal bone. The chopper is recovered. The motive is that there was dispute over bursting crackers and obstructing way to the house of the de facto complainant which was questioned.
3. Learned counsel submits that the allegations are not true. It is submitted that the de facto complainant and others started drinking liquor publicly sitting on the compound wall of the accused 1 and 2. That was questioned by the accused 1 and 2. The de facto complainant and others attacked the accused 1 and 2 for which Crime Nos. 798 and 799 of 2014 are registered. According to the petitioner, they have only witnessed the incidents.
4. On hearing both sides, it appears to me that the allegations against these petitioners in Crime No.795 of 2014 is that they wrongfully restrained the de facto complainant and assaulted and hit the brother with hands. Use of chopper is attributed to the accused 1 and 2. It is also revealed from the C.D file that accused 1 and 2 sustained injuries and were admitted in the District Co-operative Hospital, Thrissur. One of them had sustained aberration with cycle chain mark, indicating that the said person was possibly assaulted with cycle chain.
5. Having regard to the circumstances including the role attributed to the petitioners, I am inclined to think that custodial interrogation of the petitioners is not required. Hence I am inclined to grant relief to the petitioners but subject to conditions.
Application is allowed as under:
(i) Petitioners shall surrender before the Officer investigating Crime No.795 of 2014 of the Ollur Police Station on 06.06.2014 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) Petitioners shall co-operate with investigation of the case.
(iv) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(v) On such production, the petitioners shall be released on bail, (if not required to be detained otherwise) on their executing bond for Rs.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 any of the petitioners.
(b) Petitioners shall report to the officer investigating the case on every alternate Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report, whichever is earlier.
(c) Petitioners shall report to the officer investigating the case as and when required for interrogation.
case.
(d) Petitioners shall co-operate with investigation of the
(e) Petitioners shall not intimidate or influence the witnesses.
(f) Petitioners shall not get involved in any offence during the period of this bail.
(vi) It is made clear that in case any of condition Nos.
(b) to (f) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge