Petitioners are accused Nos.3 to 5 in Crime No.2530 of 2013 of the Kothamangalam Police Station for the offences punishable under Sections 143, 147, 148, 341, 308, 324, 323 r/w Section 149 of the Indian Penal Code, apprehend arrest and have filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 25.12.2013 at about 06.15 p.m., the petitioners and others restrained the de facto complainant who was riding a motor cycle and assaulted him with iron rod.
3. Learned counsel submits that the allegations are not true.
4. On hearing both sides, it appears that the incident occurred on account of a dispute over overtaking vehicles. Accused 1 and 2 are said to have used the iron rod while the petitioners are said to have kicked and fisted the de facto complainant. Since no recovery is required to be made from the petitioners/accused 3 to 5, I am inclined to grant relief to them subject to conditions so that investigation is not affected.
Application is allowed as under:
(i) Petitioners/accused 3 to 5 shall surrender before the Officer investigating Crime No.2530 of 2013 of the Kothamangalam 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 investigating the case to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) Petitioners shall co-operate with investigation of the case.
(iv) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(v) On such production the petitioners shall be released on bail (if not required to be detained otherwise) on their executing bond for Rs.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) Petitioners shall report to the officer investigating the case on every alternate Saturday between 10.00 a.m. and 12.00 p.m. for a period of two months or until filing of the final report whichever is earlier.
(c) Petitioners shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioners shall not, during the period of this bail get involved in any offence.
(e) Petitioners shall not intimidate or influence the witnesses.
(vi) It is made clear that in case any of condition Nos. (b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate (until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge