Petitioners are accused 1 and 2 in Crime No.308 of 2014 of the Vithura Police Station for the offences punishable under Sections 342 and 326 of the Indian Penal Code, apprehend arrest and have filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 23.04.2014 at about 01.00 p.m., the petitioners attacked the de facto complainant with iron rod and stick. Iron rod used by the first petitioner is recovered but the stick used by the second petitioner is not recovered.
3. Learned counsel submits that the de facto complainant attacked the first petitioner with soda bottle for which Crime No.309 of 2014 is registered. It is submitted that the second petitioner is prepared to produce before the investigating officer the stick (allegedly) used.
4. On hearing both sides it appears that the incident occurred in front of the shop of the first petitioner over a dispute regarding payment of money allegedly due to the first petitioner. Having regard to the relevant circumstances, I am inclined to grant relief to the petitioners but subject to conditions.
Application is disposed of as under:
(i) Petitioners shall surrender before the Officer investigating Crime No.308 of 2014 of the Vithura Police Station on 10.06.2014 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 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) Petitioners shall report to the officer investigating the case on every alterante 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.
(b) Petitioners shall report to the officer investigating the case as and when required for interrogation.
(c) Petitioners shall not, during the period of this bail get involved in any offence.
(d) Petitioners shall not intimidate or influence the witnesses.
(v) It is made clear that in case any of condition Nos. (a) to (d) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
(vi) It is directed that in case the stick (allegedly) used by the second petitioner is not seized/recovered by the time the second petitioner is produced in Court, this order grating bail to the extent it concerned the second petitioner will cease to be effective and thereon, it is open to the second petitioner to seek regular bail before the learned magistrate.
THOMAS P. JOSEPH, JUDGE.
AS