Petitioners are accused in Crime No.1154 of 2012 of the Mattannore Police station (C.P. No.7 of 2014 of the Judicial First Class Magistrate Court, Mattannore) for the offences punishable under Secs.143, 147, 148, 341, 294b, 323 and 308 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed the application. 2. I have heard the learned counsel for the petitioners and the learned Public Prosecutor.
3. Learned Public Prosecutor submitted that final report is filed in the Judicial First Class Magistrate's Court, Mattannore on 15.01.2014 and the matter is pending as C.P. No.7 of 2014.
4. Learned counsel submitted that the parties have settled the dispute. The petitioners have filed Crl.
M.A. No.1568 of 2014 in this Court to quash the proceeding. That application was adjourned for the reason that Notary attested affidavit of one of the injured is of the year 2012. It is pointed out that this Court has granted relief to the accused involved in Crime No.1155 of 2012 which is counter to the present case.
5. I find from Annexure B that relief was granted to some of the accused in Crime No.1155 of 2012 taking into account the fact that final report is filed. In the present case also the final report is filed. As such custodial interrogation of the petitioners is not required. Hence, I am inclined to grant relief to the petitioners but subject to conditions.
The application is allowed as under.
I. Petitioners are granted bail in Crime No.1154 of 2012 (C.P. No.7 of 2014 of the Judicial First Class Magistrate's Court, Mattannore) of the Mattannore Police station.
II. Petitioners shall surrender before the learned Judicial First Class Magistrate, Mattannore on or before 12.06.2014.
III. On such surrender, learned magistrate shall release the petitioners ( if not required to be detained otherwise) on bail 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 who has investigated the case if and when required for interrogation.
(c) Petitioners shall not get involved any offence during the period of this bail.
(d) Petitioners shall not intimidate or influence the witnesses.
(e) In case any of condition nos(b) to (d) is violated, it is open to the investigating officer to file application before the learned magistrate (until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
f) It is directed that in case the petitioners do not surrender before the learned Magistrate as aforesaid, this order will cease to be effective on the expiry of the time granted hereby.
Sd/-
THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge