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Judgment
Mr. Justice P. Bhavadasan
The petitioners are accused Nos. 2 and 3 in Crime No. 1740 of 2012 of Thrikkakara Police Station, who are alleged to have committed offences punishable under Sections 143, 147, 148, 452, 341, 323, 506(ii), 427 and 308 read with 149 IPC. The allegation against them is that on 6.11.2012 at about 9 pm, the first accused along with others trespassed into the house of the defacto complainant and the first accused threatened the defacto complainant with a dangerous weapon and further allegation is that the assailant destroyed a chair.
The petitioners would say that they are totally innocent and have been falsely implicated. They had no role to play in the incident.
It is seen from the records that the petitioners are brought on the party array. After having heard the learned counsel for the petitioners, the learned Public Prosecutor and perused the records, it is felt that it is a fit case where the extraordinary jurisdiction of this court needs to be exercised in favour of the petitioners. Petition is allowed as follows:
1) The petitioners shall surrender before the investigating officer on or before 10.12.2012, who after interrogation shall produce the petitioners before the JFCM court concerned, which court on application for bail filed by the petitioners shall release them on bail on each of them executing a bond for Rs. 10,000/-(Rupees ten thousand only) with two solvent sureties each for the like sum each to the satisfaction of the JFCM concerned.
2) The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.
3) The petitioners shall make themselves available for interrogation before the investigating officer as and when required by them.
4) The petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.
5) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, of being satisfied of the said fact, may take such proceedings as are available to them in law.