Petitioners are accused Nos. 1, 3 and 4 in Crime No.1607 of 2013 of the Puthoor Police Station for the offences punishable under Sections 341, 294(b), 323, 326 r/w Section 34 of the Indian Penal Code, Section 3(1)(x) of the SC/ST (PA) Act, 1989, apprehend arrest and have filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 06.04.2012 at about 02.00 p.m., the petitioners and others assaulted the de facto complainant and caused fracture. They insulted the de facto complainant in public view calling caste name.
3. Learned counsel submits that the allegations are not true. Though the alleged incident occurred on 06.04.2012, First Information was given only on 17.11.2013. It is also submitted that there is no allegation that any of the petitioners or other accused used any weapon.
4. The wound certificate shows that the de facto complainant was admitted in the hospital on 06.04.2012 with fracture of little finger and smell of alcohol. The F.I. Statement was given only on 17.11.2013. There is no allegation of use of any weapon.
4. In the above circumstance, I am inclined to grant relief to the petitioners (without expressing any opinion as to truth of the allegations made against them).
Application is allowed as under:
(i) Petitioners shall surrender before the Officer investigating Crime No.1607 of 2013 of the Puthoor 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 concerned to direct presence of the petitioners on other day/days and time and place as may be specified 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 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.
(v) 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