Petitioners are accused Nos.1 and 2 in Crime No.618 of 2014 of the Kilimanoor Police Station for the offences punishable under Sections 341, 323, 324, 326 read with Section 34 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 17.05.2014 at the relevant time the petitioners attacked the de facto complainant with stone and caused loss of four teeth. The stone is recovered.
3. Learned counsel submits that the allegations are not true. The de facto complainant and others trespassed into the house of the first petitioner and attacked him with jackey lever. He sustained injuries as seen from Annexure -I.
4. Annexure-1 shows that the first petitioner was brought to the hospital on 18.05.2014 at about 6.05 p.m. with some injuries. In the nature of allegations, I am inclined to grant relief the petitioners but subject to conditions protecting interest of the de facto complainant as well.
The application is allowed as under :
1. Petitioners surrender before the officer investigating the case on 03.07.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioners shall appear before the officer investigating the case on any other day/days at reasonable time and place time as directed by the investigating officer.
3. In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day.
4. On such production, the petitioners 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 any of the petitioners .
b. Petitioners shall jointly deposit `18,000/- (Rupees eighteen thousand only) in a nationalised/Scheduled bank or co-operative society as the case may be, initially for a period of two years (renewable as per order of the learned Magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond.
c. In case the petitioners or any of them are/is made liable to pay compensation to the de facto complainant such compensation the extent possible could be realised from the amount in deposit.
d. Petitioners 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. Petitioners shall report to the investigating officer as and when required for interrogation.
f. Petitioners shall not get involved in any offence during the period of this bail.
g. Petitioners shall not intimidate or influence the witnesses.
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 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