These applications are preferred by accused Nos.1 to 5 in Crime No.784 of 2014 of the Cherthala Police Station for the offences punishable under Secs.143, 147 and 353 r/w Sec.149 of the Indian Penal Code. They apprehend arrest.
2. The applications are opposed by the learned Public Prosecutor. It is submitted that the police had registered Crime No.784 of 2014 for the offences including Sec.326 of the Penal Code against an accused and he was arrested. It is also submitted that the petitioners formed unlawful assembly and obstructed the police officials from discharging their official duty.
3. Learned counsel submits that the allegations are not true. There is no case that any weapon was used or any injury was inflicted to any of the police officers.
4. Having regard to the relevant circumstances, I am inclined to think that custodial interrogation of the petitioners is not required. Hence I am inclined to grant relief but subject to conditions.
Resultantly these applications are disposed of as under:
(i) Petitioners shall surrender before the officer investigating Crime No.784 of 2014 of the Cherthala Police Station on 27.05.2014 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 as may be specified by him which the petitioners shall comply.
(iii) Petitioners shall co-operate with the 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 `25,000/- (Rupees Twenty Five 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 Crime No.784 of 2014 of the Cherthala Police Station on every alternate Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(c) Petitioners shall report to the Investigating Officer as and when required for interrogation.
(d) Petitioners shall not get involved in any offence during the period of this bail.
(e) Petitioners shall not intimidate or influence the witnesses.
(f) In case the petitioners violate any of condition Nos.(b) to (e), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge