Petitioner is the 5th accused in Crime No.475 of 2014 of the Ernakulam Town South Police Station for the offences punishable under Secs.143, 144, 147, 148, 323, 326 r/w Sec.149 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 31.03.2014 at about 11p.m, the petitioner and others formed unlawful assembly and attacked the de facto complainant and others causing hurt/grievous hurt. Three persons sustained injuries.
3. Learned counsel submits that the de facto complainant and others attacked one Baiju at about 9.30p.m the same day for which the police have registered Crime No.481 of 2014 for the offences punishable under Secs.323 and 324 r/w Sec.34 of the Penal Code. It is also submitted that some of the accused in Crime No.
475 of 2014 are granted pre-arrest bail. Learned counsel has shown me a copy of the orders passed by the learned Principal/Additional Sessions Judge, Ernakulam.
4. On going through the said orders, it is seen that some of the accused are granted pre-arrest bail. Having regard to the circumstances of the case, I am inclined to think that the petitioner could be granted the same relief.
The application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.475 of 2014 of the Ernakuklam Town South Police Station on 17.06.2014 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 petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for `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 to the officer investigating Crime No.475 of 2014 of the Ernakuklam Town South Police Station on all alternate Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(c) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case the petitioner violates any of condition Nos.(b) to (e), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge