Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.448 of 2014 of the Vazhakkad Police Station registered for the offences punishable under Sections 326, 448 and 506 of the Indian Penal Code.
3. The allegation against the petitioner is that on 17.09.2014 at about 09.30 a.m., he committed trespass into the shop of the de facto complainant, criminally intimidated him, and beat him with an iron rod thereby causing grievous hurt.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the C.D.
5. Learned counsel for the petitioner has pointed out that the petitioner had purchased a battery from the shop of the de facto complainant, which became defective. As it was within the warranty period, the petitioner had every right to get it replaced. Even though on several occasions the petitioner had approached the de facto complainant with the said request, the matter was being postponed. Finally, when the petitioner again visited the shop on 17.09.2014, there occurred a wordy altercation between the parties, it was followed by a quarrel. In the said quarrel, the de facto complainant sustained an injury.
6. The wound certificate shows that there is a fracture of P1 of right index finger. The history and alleged cause of injury noted in the wound certificate is that, it occurred when the hand was twisted. The wound certificate does not show that the de facto complainant was assaulted with any weapon.
7. Considering the facts and circumstances of the case and the present stage of investigation, I do not think that the custodial interrogation of the petitioner is required in connection with 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 petitioner.
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 Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each 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 09.00 a.m. and 11.00 a.m. on all Tuesdays and Fridays commencing from 04.11.2014 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.
AS /True copy/ P.A. to Judge