Petitioner is the second accused in Crime No.934 of 2013 of the Nooranadu Police Station for the offences punishable under Secs.341, 323, 324 506(i) and 308 r/w 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 20.07.2013 at about 3.30p.m, the petitioner and the first accused assaulted the de facto complainant who was riding a cycle.
3. Learned counsel submits that the allegations are not true.
4. On hearing both sides, it is revealed that the overt act attributed to the petitioner is that he wrongfully restrained the de facto complainant. Petitioner is not reported to be involved in any other case. It is also revealed that final report is filed in the Judicial First Class Magistrate Court-II, Mavelikkara on 16.12.2013. In the circumstance, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions.
The application is allowed as under:
(i) Petittioner is granted bail in Crime No.934 of 2013 of the Nooranadu Police Station.
(ii) Petitioner shall surrender before the learned Judicial First Class Magistrate-II, Mavelikkara on or before 07.07.2014 at 10 a.m for interrogation.
(iii) On such surrender, the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for `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 who has investigated the case if and when required for interrogation.
(c) Petitioner shall not get involved in any offence during the period of this bail.
(d) Petitioner shall not intimidate or influence the witnesses.
(e) In case the petitioner violates any of condition Nos.(b) to (d), it is open to the investigating officer to move the learned magistrate (until committal of the case if any, and Sbna 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).
(f) It is directed that in case the petitioner does not surrender before the learned magistrate as aforesaid, this order granting bail would cease to be effective on the expiry of the time granted hereby.
Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge