Petition under Section 438 Cr.P.C.
2. Petitioner is presently the 2nd accused in Crime No.758/2014 of the Palakkad Town South Police Station registered for the offences punishable under Sections 323, 324, 326 and 341 read with Section 34 IPC.
3. The allegation against the petitioner and the other accused is that on 25.05.2014 at 9 pm, they in furtherance of their common intention, wrongfully restrained the defacto complainant on the road and beat him with iron rod and hands and also hit him with the stone, thereby causing grievous hurt.
4. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the CD.
5. It seems that the learned Sessions Judge has granted anticipatory bail to A5 in the case, by appreciating the fact that he had not made use of any weapon. In this particular case also, it seems that the only allegation against the petitioner is that he slapped the defacto complainant with his hand. There is no allegation against the petitioner that he has made use of any weapon. When anticipatory bail has been granted to the 5th accused, there is no reason to deny the said benefit to the present petitioner also, especially when he has not made use of any weapon to attack the defacto complainant. Considering the facts and circumstances of the case and the present stage of the investigation, I am of the view that the custodial interrogation of the petitioner is not required for the continued investigation of this case. No criminal antecedents have been reported against the petitioner. Considering all the above, I am of the view that anticipatory bail can be granted to the petitioner.
7. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his 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 petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Sundays and Thursdays, commencing from 02.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner 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 DSV/30/10 // True Copy // P.A. To Judge