Petitioner is the 2nd accused in Crime No.99 of 2014 of the Gandhi Nagar Police Station for the offences punishable under Sections 323, 324, 325 and 308 read with Sec.34 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 27.01.2014 at the relevant time and place, the petitioner and others assaulted the de facto complainant with a weapon.
3. Learned counsel submitted that the allegations are not true. It is submitted that the learned Sessions Judge, Kottayam refused to grant relief to the petitioner under the impression that the petitioner has used the weapon. But the first information report shows that one Jinnas, S/o.Jinnas had assaulted the de facto complainant with the weapon.
4. On going through the first information statement, the learned Public Prosecutor also confirmed the said fact.
5. In the light of that, on the same view adopted by the learned Sessions Judge, the petitioner has to be granted relief.
Application is allowed as under:
(i) Petitioner shall surrender before the the Officer investigating Crime No.99 of 2014 of the Gandhi Nagar Police Station on 17.06.2014, at 10.00 a.m for interrogation.
(ii) If interrogation of the petitioner is not completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply.
(iii) In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production, the petitioner shall be released (if not required to be detained otherwise) on his executing bond for Rs.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 the case every alternate Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until final report is filed, whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation at all reasonable time and place.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(v) In case the petitioner violates any of conditions (b) to (e), it is open to the investigating Officer to move the learned magistrate until committal of the case if any and thereafter before the learned Principal Sessions Judge concerned for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
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