Sunil Kumar vs State of Kerala

Thomas P. Joseph, J.—Petitioners are accused Nos. 3, 1 and 2 respectively, in Crime No. 506 of 2014 of the Nileswaram Police Station for the offences punishable under Sections 143, 147, 341, 323, 363, 294(b), 308 read with Section 149 of the Indian Penal Code, apprehend arrest and have filed the application.

Learned Public Prosecutor has opposed the application. It is submitted that on account of enmity due to the de facto complainant who is the printer and publisher of a local daily by name ''City News'' publishing a news item concerning a temple festival, the petitioners and others formed unlawful assembly, abducted the de facto complainant who was traveling in an autorikshaw to a paddy field and assaulted him. If the assault had fallen on his private parts, it would have cause his death. The second accused is arrested.

Learned counsel submits that the allegations are not true.

On hearing both sides, it is revealed that there is no case of any of the accused using any weapon. So much so, custody of the accused 1 and 3 for recovery of any material object is not required. Having regard to relevant circumstances, I am inclined to grant relief but subject to conditions and protecting interest of the de facto complainant also. The application is disposed of as under:

The application to the extent it concerned the second accused in Crime No. 506 of 2014 of the Nileswaram Police Station has become infructuous and is therefore closed.

Accused 1 and 3 are directed to surrender before the officer investigating the case on 09.07.2014 at about 10 am for interrogation.

In case interrogation is not completed that day, accused Nos. 1 and 3 shall appear before the officer investigating the case on any other day/days, time and place time as directed by the investigating officer.

In case the accused 1 and 3 are arrested, they shall be produced before the jurisdictional magistrate the same day which the accused 1 and 3 shall comply.

On such production, the accused 1 and 3 shall be released on bail, if not required to be detained otherwise on their executing bond for Rs. 20,000/- (Rupees twenty 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 the accused 1 and 3.

b. Accused 1 and 3 shall deposit Rs. 3,000/- (Rupees three thousand only) each in a nationalised/Scheduled bank or co-operative society as the case may be, initially for a period of two years (renewable as per order of the learned magistrate) and produce the Fixed Deposit receipts before the learned magistrate while executing the bail bond.

c. In case the accused 1 and 3 or any of them are/is made liable to pay compensation to the de facto complainant such compensation the extent possible could be realised from the amount in deposit.

d. Accused 1 and 3 shall report to the investigating officer on every alternate Saturday between 10 a.m. and 12 p.m. for a period of two months or until filing of the final report whichever is earlier.

e. Accused 1 and 3 shall report to the investigating officer as and when required for interrogation.

f. Accused 1 and 3 shall not get involved in any offence during the period of this bail.

g. Accused 1 and 3 shall not intimidate or influence the witnesses.

h. In case any of condition Nos. (d) to (g) 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 @ Thammanam Shaji Vs. State of Kerala, .