Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioners are the accused in Crime No.1102 of 2014 of the Kondotty Police Station registered for the offences punishable under Sections 143, 147, 452, 323, 354B, 294(b) and 506(i) r/w Section 149 of the Indian Penal Code.
3. The allegation against the petitioners is that on 03.11.2014 at about 06.00 p.m., they formed themselves into an unlawful assembly, committed rioting and trespassed into the house of the de facto complainant, woman and attacked her sons and abused her. When the de facto complainant intervened for the rescue of her sons, she was also slapped and pushed down.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The contents of the C.D reveal that the investigation of the case is practically over. There is nothing to be recovered in this case. Custodial interrogation of the petitioners is not required for the continued investigation of the case. There is no allegation that the petitioners have made use of any weapon. No criminal antecedents have been reported against the petitioners. Considering all the above, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
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 their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum each 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 09.00 a.m. and 11.00 a.m. on all Fridays and Tuesdays commencing from 05.12.2014 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.
Sd/-
B.KEMAL PASHA, JUDGE.
AS // True Copy // P.A. To Judge