Petition under Section 438 Cr.P.C.
2. Petitioners are some of the accused in Crime No.490/2014 of Meenangadi Police Station registered for the offences punishable under Sections 143, 147, 148,149 and 427 IPC and Section 3(1)(2) (e) of the PDPP Act.
3. The allegation against the petitioners and other accused is that on 02.09.2014 at 6 a.m. they attacked a KSRTC bus and destroyed its rear glass by pelting stones on it. The KSRTC has sustained a total loss of ₹56,709/- due to the said act. According to the petitioners, they are apprehending arrest by the police.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. It seems that severe damage have been caused to the KSRTC, and the KSRTC is put to financial loss of ₹ 56,709/-. No other criminal antecedents has been reported against the petitioners but at the same time, the damages suffered by the KSRTC has to be taken note of. Considering the facts and circumstances of the case and in the absence of any criminal antecedents, I am of the view that this is a fit case in which anticipatory bail can be granted to petitioners by making a provision for compensating the KSRTC.
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) Each of the petitioners shall deposit ₹10,000/- (Rupees Ten Thousand only) before the Judicial First Class Magistrate’s Court-I, Sulthanbathery within a week from today.
(ii) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Mondays, commencing from 24.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(iii) The petitioners shall not tamper with the evidence or influence witnesses.
(iv) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(v) 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 // True Copy // DSV/17/10 P.A. To Judge