Petitioners are accused Nos.1 to 3 in Crime No.629/2014 of Adimaly Police Station for the offences punishable under Sections 323, 324, 341 and 308 read with 34 of Indian Penal Code, apprehend arrest and have filed the application. 2. The learned Public Prosecutor has opposed the application. It is submitted that on 16.05.2014 at about 1.00AM, the petitioner attacked the defacto complainant with wooden plank. That weapon is not recovered.
3. The learned counsel submits that allegations are not true. Petitioners are head-load workers of Adimaly Town and saw the defacto complainant and his aids engaged in some illegal activities near a lorry. Petitioners questioned the same. There was a scuffle between the defacto complainant and his aids. In the course of that, the defacto complainant fell on the side of the lorry and sustained injuries.
4. On hearing both sides, it is revealed that there was no previous enmity between the petitioners and the defacto complainant and the incident occurred on spur of the moment.
In the circumstances, I am inclined to think that the custodial interrogation of the petitioners is not necessary. At the same time interest of the defacto complainant has to be protected.
The application is disposed of as under:
(i) Petitioners shall surrender before the officer investigating the case in Crime No.629/2014 of Adimaly Police Station, on 20.06.2014 at 10.00AM for interrogaiton.
(ii) In case interrogation is not completed on 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 petitioner shall comply.
(iii) Petitioners shall co-operate with the investigation of the case.
(iv) In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day.
(v) On such production the petitioners 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 learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of any of the petitioners.
(b) Each of the petitioners shall deposit ₹ 3,000/- (Rupees three thousand only) in a nationalised bank initially for a period of two years (renewable as per order of the learned magistrate) and produce the Fixed Deposit receipts 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 victims, such compensation to extent possible could be realised from the amount in deposit.
(d) The petitioners shall report to the officer investigating the case on every alternate Saturday between 3.00PM to 5.00PM until filing of the final report or for two months 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 until committal of the case if any and thereafter before the 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).
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THOMAS P.JOSEPH, JUDGE das // True copy // PA to Judge