Petitioners are accused 2, 1 and 3 respectively in Crime No.309 of 2014 of the Chandera Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 452 and 308 read with Sec.34 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 10.04.2014 at the relevant time petitioners trespassed into the verandha of the house of one Abdul Rahiman and attacked the de facto complainant with granite stone and reeper.
3. Learned counsel for the petitioner and the de facto complainant submitted that the matter is settled between the parties.
4. Having regard to the circumstances of the case I am inclined to grant relief to the petitioners.
Application is allowed as under:
(i) Petitioners shall surrender before the the Officer investigating Crime No.309 of 2014 of the Chandera Police Station on 27.05.2014 at 10.00 a.m for interrogation.
(ii) If interrogation of the petitioners is not completed that day, they shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioners shall comply.
(iii) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(iv) On such production, the petitioners shall be released (if not required to be detained otherwise) on their executing bond for Rs.25,000/- (Rupees twenty five 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.
(b) Petitioners shall report to the officer investigating Crime No.309 of 2014 of the Chandera Police Station on 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) Petitioners shall report to the officer investigating the case as and when required for interrogation at all reasonable time and place.
(d) Petitioners shall not get involved in any offence during the period of this bail.
(e) Petitioners 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 if any and thereafter before the 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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