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Judgment
N.K. Balakrishnan, J.—Petitioners are accused Nos. 3 and 4 in Crime No. 927/2012 of Njarakkal Police Station. The offences alleged against them and other accused are under Secs. 143, 147, 148, 452, 323, 324 and 354 r/w 149 IPC. Apprehending arrest, this petition is filed for anticipatory bail. According to the prosecution, these petitioners and other accused persons formed themselves into an unlawful assembly and in prosecution of the common object, trespassed into the residential house of the complainant on 25.6.2012 and attacked the de facto complainant with granite/rock piece. The wound certificate shows that the injured sustained two lacerated injuries; one on the occipital area and another on the parietal area. Besides, he also sustained injury of similar nature on the frontal area also.
Learned Counsel for the petitioners submits that on going through the FIS, it can be seen that the main allegation is against Vishnu and Abhijith (A1 and A5) and that these petitioners did not enter the house. It is also stated that there was a previous incident in which the petitioners were attacked by the complainant and others and actually, the petitioners went to the house of the complainant to talk over that matter. That may not be correct, the prosecution contends. Considering all the aspects the following directions are issued:
The petitioners shall surrender before the Investigating Officer within two weeks from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioners but on the following conditions:
a. The accused shall execute a bond for Rs. 50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make themselves available for interrogation by the Investigating Officer and that they should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The accused shall not leave the State of Kerala without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.