Petitioners are accused Nos.1 to 4 in Crime No.991 of 2014 of the Punalur Police Station for the offences punishable under Secs.143, 147, 148, 323, 324 and 308 r/w Sec.149 of the Indian Penal Code, are in custody from 05.06.2014 and seek bail.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 03.06.2014 at about 8p.m over a dispute regarding parking of autorikshaw, the petitioners assaulted the de facto complainant with sword stick, iron rod etc and inflicted injuries. It is submitted that the sword stick is not so far recovered.
3. Learned Senior Advocate for the petitioners has submitted that the allegations are not true. It is submitted that the de facto complainant who had to park his vehicle elsewhere came to the scene of occurrence and attacked the petitioners who also sustained injuries.
4. I have gone through the CD file. The wound certificate shows the injuries suffered by the de facto complainant. On hearing both sides, it is revealed that the role attributed to the petitioners 3 and 4 is that they assaulted the de facto complainant with hands.
No recovery is required to be effected at their instance. They are also not reported to be involved in any other case from the Punalur Police Station. Hence I am inclined grant relief to the petitioners 3 and 4.
5. So far as the petitioners 1 and 2 are concerned, it is submitted that they are involved in another case also. They are said to have used the sword stick, iron rod etc. The sword stick is not recovered. Hence request of the petitioners 1 and 2 cannot be allowed at this stage.
Resultantly this application is disposed of as under:
(i) Request of the petitioners 1 and 2/accused Nos.1 and 2 is rejected leaving it open to them to move again after the investigation has progressed.
(ii) Petitioners 3 and 4/accused Nos.3 and 4 are granted bail in Crime No.991 of 2014 of the Punalur Police Station and shall be released, 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 jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of any of the petitioners 3 and 4.
(b) Petitioners 3 and 4/accused Nos.3 and 4 shall report to the Officer investigating the case on every alternate Saturday between 3 p.m and 5 p.m for a period of two months or till final report is filed, whichever is earlier.
(c) Petitioners 3 and 4/accused Nos.3 and 4 shall report to the Investigating Officer as and when directed for interrogation.
(d) Petitioners 3 and 4/accused Nos.3 and 4 shall not, during the period of this bail get involved in any offence.
(e) Petitioners 3 and 4/accused Nos.3 and 4 shall not intimidate or influence the witnesses.
(f) In case of violation of any of condition Nos.(b) to (e), bail granted hereby is liable to be cancelled 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 Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
Sbna THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge