Petitioners are accused 3 and 4 in Crime No.216 of 2014 of the Adoor Police Station for the offences punishable under Sections 143, 147, 148, 324, 294(b), 506(i), 427, 452 r/w Section 149 of the Indian Penal Code, apprehend arrest and have filed the application.
2. Application is opposed by the learned Public Prosecutor.
3. It is submitted that on 29.01.2014 the petitioners and others trespassed into the petrol pump, assaulted the de facto complainant who is its manager and damaged the petrol pump causing loss of Rs.8,000/-.
4. Learned counsel submits that accused 1 and 2 are granted relief by this Court as per order dated 19.02.2014 in B.A.No.949 of 2014. A copy of the said order is given to me for perusal.
5. On going to the said order I find that relief was granted to accused 1 and 2. There is no reason why the same relief should not be extended to the petitioners also. I am inclined to grant relief to these petitioners also but subject to conditions and protecting interest of the de facto complainant as well.
Application is allowed as under:
(i) Petitioners shall surrender before the officer investigating Crime No.216 of 2014 of the Adoor Police Station on 28.05.2014 at 10 a.m for interrogation.
(ii) If interrogation of the petitioners could not be completed that day, they shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioners shall comply.
(iii) Petitioners shall co-operate with the investigation of the case.
(iv) In case arrest of the petitioners are recorded, they shall be produced before the jurisdictional magistrate the same day.
(v) On such production, the petitioners shall be released on bail, if not required to be detained otherwise on their executing bond for Rs.25,000/- (Rupees twenty five 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) One of the sureties shall be a close relative of any the petitioners.
(b) Petitioners shall jointly deposit of Rs.10,000/- (Rupees ten thousand only) in a Nationalized Bank in their names for a period of two years (renewable as per order of the learned magistrate) and produce the FD receipt before the learned magistrate while executing the bail bond.
(c) In case the case is decided against the petitioners or any of them and they are made liable to pay compensation to the defacto complainat, such compensation could be realized from the amount in deposit to the extent possible.
(d) Petitioners shall report to the officer investigating the case on every alternate 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.
(e) Petitioners shall report to the officer investigating the case as and when required for interrogation.
(f) Petitioners shall not get involved in any offence during the period of this bail.
(g) Petitioners shall not intimidate or influence the witnesses.
(vi) It is made clear that in case any of condition Nos.
(d) to (g) 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).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge