Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 to 3 in Crime No.461/2014 of Panniyankara Police Station, Kozhikode registered for the offences punishable under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 of the Indian Penal Code.
3. The allegation against the petitioners and other accused is that on 24.9.2014 at 7.45 p.m., while the de-facto complainant conductor of stage carriage bearing Reg.No.KL 11 AC 6145, was causing the filling of diesel in the bus at the petrol bunk, the accused formed themselves into an unlawful assembly armed with deadly weapons, restrained the de-facto complainant and attacked him by abusing him. It is alleged that the second accused inflicted a blow on his head with a jacky liver, thereby he sustained an injury.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. No criminal antecedents have been reported against the petitioners. It seems that the investigation of the case is practically over. It seems that a quarrel occurred in between the two groups of employees of stage carriages, which has resulted in an injury to the de-facto complainant and injuries to petitioner Nos.2 and 3 also. Considering all the above and the present stage of investigation, I do not think that the custodial interrogation of the petitioners is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
6. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for ₹25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays, commencing commencing from 8.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge