Petitioners are accused 1 and 4 in Crime No.520 of 2014 of the Hosdurg Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 294(b), 506 (ii) and 308 read with Sec.34 of the Indian Penal Code, apprehend arrest and have filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 26.04.2014 the petitioners and others formed an unlawful assembly and attacked the de facto complainant with iron rod, iron punch, etc. It is submitted that the 1st petitioner/1st accused is involved in another case for the offence under Sec.307 of the IPC.
3. Learned counsel submitted that the allegations are not true.
4. On hearing both sides it is revealed that the allegation against the 2nd petitioner/4th accused is that he assaulted the de facto complainant with hand. No recovery of weapon is required to be effected at his instance. Hence I am inclined to grant relief to him. But the request for pre-arrest bail made by the 1st petitioner cannot be allowed.
Application is disposed of as under:
(i) Request made by the 1st petitioner-1st accused for pre- arrest bail is rejected. It is open to him to surrender before the Officer investigating the case.
(i) The 2nd petitioner/4th accused shall surrender before the the Officer Investigating Crime No.520 of 2014 of the Hosdurg Police Station on 27.05.2014 at 10.00 a.m for interrogation.
(ii) If interrogation of the 2nd petitioner is not completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the 2nd petitioner shall comply.
(iii) In case arrest of the 2nd petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production, the 2nd petitioner shall be released (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees twenty five 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 2nd petitioner.
(b) The 2nd petitioner shall report to the officer investigating Crime No.520 of 2014 of the Hosdurg Police Station on every alternate Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until final report is filed, whichever is earlier.
(c) The 2nd petitioner shall report to the officer investigating the case as and when required for interrogation at all reasonable time and place.
(d) The 2nd petitioner shall not get involved in any offence during the period of this bail.
(e) The 2nd petitioner shall not intimidate or influence the witnesses.
(v) In case the 2nd petitioner violates any of conditions (b) to (e), it is open to the investigating Officer to move the learned magistrate until committal if any and thereafter before the Principal Sessions Judge concerned for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
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