Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioners are accused in Crime No.1162 of 2014 of the Kuzhalmannam Police Station registered for the offences punishable under Sections 323, 324, 452 and 294(b) r/w Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that on 31.10.2014 at about 05.15 a.m., they committed house trespass into the house of the de facto complainant, beat the de facto complainant with a cable pipe and pushed down his mother.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. According to the learned counsel for the petitioners, there was a wordy altercation, and minor skirmishes between two groups of the peoples of the locality when the petitioners, who were workers of the contractor attempted to erect a mobile tower on the previous day to the incident. In that incident, some minor injuries were sustained to some persons including the de facto complainant. According to the petitioners, no such incident as alleged in the case had occurred.
6. On going through the injuries allegedly sustained to the de facto complainant and his mother, it seems that the injuries are very trivial. The investigation of the case is practically over. Custodial interrogation of the petitioners is not required for the continued investigation of the case. 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 Sundays and Thursdays commencing from 23.11.2014 for a period of three months.
(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.
B.KEMAL PASHA, JUDGE.
AS +++