Petitioner is the 3rd accused in Crime No.314 of 2013 of the Marayur Police Station for the offences punishable under Sections 294(b), 307, 341 read with Section 34 of the Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 28.05.2014 at about 5.45 p.m., the petitioner along with accused 1 and 2, her husband and son attempted to cause death of the de facto complainant with a blade used to cut thermocol. Accused Nos.1 and 2 are arrested and released on bail.
3. Learned counsel submits that the allegations are not true. It is submitted that even as per the F.I.S., allegation against the petitioner is only that she used obscene words against the de facto complainant.
4. On going through the F.I.S., I find that the incident arose from a boundary dispute. The petitioner is said to have used obscene words. The second accused restrained the de facto complainant and the first accused used the blade.
5. In the nature of investigation required to be done, I am inclined to think that custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief to the petitioner but subject to conditions.
The application is allowed as under :
1. Petitioner shall surrender before the officer investigating the case on 27.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days at reasonable time and place as directed by the investigating officer.
3. In case the petitioner is arrested, she shall be produced before the jurisdictional magistrate the same day.
4. On such production, the petitioner shall be released on bail, if not required to be detained otherwise on her executing bond of `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. Petitioner shall report to the investigating officer as and when required for interrogation at all reasonable time and place.
b. Petitioner shall not get involved in any offence during the period of this bail.
c. Petitioner shall not influence or intimidate any of 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 until committal of the case if any and thereafter before the 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].
AMV sd/-
THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE