Petitioner is first accused in Crime No.174/2014 of Peringome Police Station for the offences punishable under Sections 341, 323, 452, 506(i) and 294(b) read with 34 of Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 25.02.2014 at about 11.15PM the petitioners and others wanted the defacto complainant, a medical practitioner to examine the petitioner from outside the hospital building which the medical officer refused for want of light and other facilities. There on, the medical officer was assaulted and his official duty was obstructed.
3. The learned counsel submits that the allegations are not correct. The petitioner is working in the Defence Security Core. It is also submitted that the petitioner is now on duty in Assam and is expected to come on leave to his native place within two months. The dispute is settled with the defacto complainant vide Annexure A2, agreement.
4. Having heard both sides and considering nature of allegations made against the petitioner, I am inclined to think that his custodial interrogation is not necessary.
5. The application is allowed as under:
(i) The petitioner shall surrender before the officer investigating the case in Crime No.174/2014 of Peringome Police Station, within a month from this day (unless the time is extended by this Court).
(ii) In case the petitioner is arrested, he shall be released by the arresting officer on executing bond for ₹ 15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like sum before the arresting officer and subject to the bail conditions.
(a) Petitioner shall report to the investigating officer as and when required for interrogation.
(b) Petitioner shall not get involved in any offence during the period of this bail.
(c) Petitioner shall not intimidate or influence the witnesses.
(d) In case any of condition Nos.(a) to (c) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P.JOSEPH, JUDGE //True Copy// P.A. To Judge das