Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE6H DAYOF NOVEMBER201315TH KARTHIKA, 1935 Bail Appl..No. 7349 of 2013 ------------------------------ CRIME NO. 784/2013 OF GANDHINAGAR POLICE STATION , KOTTAYAM ... PETITIONER: ---------------------- RAJEEV,AGED32YEARS, S/O.RAJU KADALIKALAYIL, PERUMPAIKADU.P.O., PERUMBAIKADU VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.SUBHASH SYRIAC RESPONDENTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. SUB INSPECTOR OF POLICE, GANDHINAGAR POLICE STATION, KOTTAYAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0611-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J --------------------------------------- B.A.No.7349 of 2013 ---------------------------------------- Dated this the 6th day of November, 2013 ORDER
Petitioner is the first accused, in Crime No.784 of 2013 of the Gandhinagar Police Station for the offences punishable under Sections 326 r/w Section 34 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has submitted that on 27-08-2013 at relevant time, there was an altercation between the second accused who is the brother of the petitioner and one Ameer due to political rivalry. The petitioner came there ridding a motor cycle and assaulted Ameer with a wooden reaper causing fracture of the nasal bone. The wooden reaper is recovered. The second accused was taken to custody and later released on bail.
3. Learned counsel submitted that the allegations are not true and that the petitioner only took the second accused to the hospital for treatment.
4. Since the wooden reaper is recovered and having regard to the nature of allegations, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions. B.A.No.7349 of 2013 2 Resultantly, this application is allowed as under. a) The petitioner shall surrender before the officer investigating Crime No.784 of 2013 of the Gandhinagar Police Station on 12-11-2013 at 10 a.m for interrogation. b) If interrogation of the petitioner is not completed that day, he shall appear before the officer investigating the case on the day/days and time directed by him which the petitioner shall comply. c) Petitioner shall co-operate with investigating of the case. d) In case arrest of the petitioner is recorded, he shall be produced before the learned magistrate on the same day. e) On such production, the petitioner shall be released on bail, 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: i) Bail bond shall be executed within three weeks from this day. ii) One of the sureties shall be a close relative of the B.A.No.7349 of 2013 3 petitioner. iii) Petitioner shall report to the officer investigating the case on every Saturday between 10 a.m and 12 p.m for a period of two months until filing of the final report, whichever is earlier. iv) Petitioner shall report to the officer investigating the case as and when required for interrogation. v) Petitioner shall not intimidate/influence the witnesses. vi) Petitioner shall not, during the period of this bail get involved in any offence. vii) In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the learned magistrate as held in P.K.Shaji Vs. State of Kerala (AIR 2006 SC100. THOMAS P. JOSEPH, JUDGE AS