Petitioners are accused Nos.3 to 5, 7 and 8, in Crime No.209 of 2014 of the Kanakakunnu Police Station for the offences punishable under Secs.143, 147, 148, 323, 294(b), 324, 341 and 307 r/w Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that on 08.04.2014 at about 10.15p.m, these accused and others wrongfully restrained the de facto complainant and others who were riding motor cycles and attacked them. Accused Nos.1 and 2 used iron rod and wooden reaper.
3. Learned counsel submits that the 5th accused is already arrested. Learned counsel has requested for pre-arrest bail for others.
4. It is revealed that the incident happened due to a dispute on the previous day of the election regarding campaigning. Since no recovery is to be effected at the instance of accused Nos.3, 4, 7 and 8, I am inclined to issue directions.
This application is disposed of as under:
I The application is dismissed as infructuous to the extent it concerns the 5th accused.
II Accused Nos.3, 4, 7 and 8 shall surrender before the officer investigating Crime No.209 of 2014 of the Kanakakunnu Police Station on 04.06.2014 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 aforesaid accused on other day/days and time as may be specified by him which the aforesaid accused shall comply.
(iii) In case arrest of the aforesaid accused is recorded, they shall be produced before the jurisdictional magistrate the same day.
(iv) On such production the aforesaid accused shall be released on bail (if not required to be detained otherwise) on their executing bond for `25,000/- (Rupees Twenty Five 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 accused Nos.3, 4, 7 and 8.
(b) The aforesaid accused shall report to the officer investigating Crime No.209 of 2014 of the Kanakakunnu Police Station on all Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(c) The aforesaid accused shall report to the Investigating Officer as and when required for interrogation.
(d) The aforesaid accused shall not get involved in any offence during the period of this bail.
(e) The aforesaid accused shall not intimidate or influence the witnesses.
(f) In case the aforesaid accused violate any of condition Nos.
(b) to (e), it is open to the investigating officer to move the learned magistrate (until committal if any, and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge