Petitioners are accused Nos.1, 4, 3 and 2 respectively, in Crime No.150/2014 of the Meppayur Police Station for the offences punishable under Sections 341, 323, 324, and 308 read with 34 of Indian Penal Code, apprehend arrest and have filed the application. 2. The learned Public Prosecutor has opposed the application. It is submitted that on 14.05.2014 at about 6.45PM, while the defacto complainant was riding a motor cycle, accused Nos.1 to 4 intercepted him and attacked him with cable wire and stone. The first accused used the cable wire and the second accused used a stone. Accused Nos.3 and 4 assaulted the defacto complainant with hands. Cable wire is seized.
3. The learned counsel submits that the allegations are not true. The defacto complainant, in a drunken mood asked for a glass of water from sister of the first petitioner. That was declined as he was in a drunken mood. He caught sister of the first petitioner on her hand. She raised alarm which attracted neighbours also to the scene. The defacto complainant immediately got on to the motor cycle and attempted to go away. But the motor cycle hit a stone.
4. I have gone through the Case Diary and find from the reference card that the defacto complainant was referred from the Taluk Hospital. There is no smell of alcohol mentioned in the reference card. The body note and the FIS refer to the injuries suffered by the defacto complainant. In the nature of allegations made against accused nos.1 and 2 and the investigation required to be done, request of accused nos.1 and 2 for pre-arrest bail cannot be allowed. But I am inclined to grant pre-arrest bail to accused Nos.3 and 4.
5. The application is disposed of as follows:
(i) Request of accused Nos.1 and 2 in Crime No. 150/2014 of the Meppayur Police Station for pre-arrest bail is rejected.
(ii) It is directed that in case accused Nos.1 and 2 are arrested, they shall be produced before the jurisdictional magistrate as early as possible.
(iii) Accused Nos.3 and 4 shall surrender before the officer investigating Crime No. 150/2014 of the Meppayur Police Station on 18.06.2014 at 10.30AM and on other dates as directed by the said officer for investigation.
(iv) In case the accused Nos.3 and 4 are arrested, they shall be released by the arresting officer on their executing bond for ₹ 15,000/- (Rupees fifteen thousand only) each with two solvent sureties each for the like sum before the arresting officer and subject to the following conditions.
(a) One of the sureties shall be a close relative of any of the accused Nos.3 and 4.
(b) Accused Nos.3 and 4 shall report before the investigating officer on every alternate Saturday between 10.00AM and 12.00 noon until filing of the final report or for two months, whichever is earlier.
(c) Accused Nos. 3 and 4 shall report to the investigating officer as and when required for interrogation.
(d) Accused Nos.3 and 4 shall not get involved in any offence during the period of this bail.
(e) Accused Nos.3 and 4 shall not intimidate or influence the witnesses.
(f) In case any of condition Nos. (b) to (e) 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).
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THOMAS P.JOSEPH, JUDGE //True Copy// P.A. to Judge das