Petitioner is the first accused in Crime Nos.718 and 703 of 2014 respectively, of the Kayamkulam Police Station. The former is for the offence under Secs.109, 450 and 307 r/w Sec.34 of the Indian Penal Code and Sec.20 r/w Sec.27 of the Arms Act. The allegation is that on 16.03.2014 at about 7.30p.m, accused Nos.2 to 5 trespassed into the shop of the de facto complainant and attacked the husband of the de facto complainant with sword and inflicted injuries. Crime No.703 of 2014 is registered for the offences punishable under Secs.109, 341, 294(b), 323 and 506(ii) r/w Sec.34 of the Penal Code and Sec.20 r/w Sec.27 of the Arms Act on the allegation that on 15.03.2014 at about 3.30p.m, accused Nos.2 to 5 restrained the de facto complainant who was driving a car and beat him and another. They were threatened using a sword. In both the cases the motive alleged is that the petitioner was removed from the post of Purchase Manager of a textile shop due to some misappropriation. Petitioner apprehends arrest and has sought pre- arrest bail.
2. Learned Public Prosecutors have opposed the applications. It is contended that the petitioner has abetted commission of the crime. It is also submitted that the petitioner was present at the time of occurrence of Crime No.703 of 2014.
3. Learned counsel submits that the allegations are not true. According to learned counsel, amount was due to the petitioner from the textile shop where he was working.
4. Having regard to the relevant circumstances, I am inclined to think that relief could be granted to the petitioner in Crime No.718 of 2014 where there is no allegation of presence of the petitioner at the time and place of occurrence. So far as Crime No.703 of 2014 is concerned, request for pre-arrest bail cannot be allowed since the alleged incident occurred in the presence of the petitioner as alleged by the prosecution.
The applications are disposed of as under:
I B.A.No.3054 of 2014:
(i) Petitioner shall surrender before the officer investigating Crime No.718 of 2014 of the Kayamkulam Police Station on 02.06.2014 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 petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate on the same day.
(iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for `20,000/- (Rupees Twenty Thousand Only) with two sureties 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 the petitioner.
(b) Petitioner shall report to the officer investigating Crime No.718 of 2014 of the Kayamkulam Police Station on all alternate Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(c) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case the petitioner violates 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).
II B.A.No.3063 of 2014:
The application is dismissed.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge