~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. According to the petitioners, they are apprehending arrest in connection with Crime No.853/2014 of Bekal Police Station, Kasaragod district, for the offences punishable under Sections 143, 147, 148, 341, 323, 326 and 506(i) read with Section 149 IPC.
3. It has come out that at present petitioners 1 to 3 are the only accused in the crime and the others have been deleted from the array of the accused. Matters being so, this petition so far as it relates to petitioners 4, 5 and 6 is concerned, is not maintainable.
4. Petitioners 1 to 3 are accused Nos.1, 3 and 2 respectively in the crime. The allegations against the petitioners is that on 04.11.2014 at 10 a.m. the petitioners, who are students of the Dr.Ambedkar Arts and Science College, Periya, wrongfully restrained the de facto complainant, who is another student of the College, in the classroom and beat and fisted him, thereby he sustained serious injury on getting contact from the finger ring or bangle like substance.
5. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
6. It has come out that the incident had occurred without any premeditation, and in the spur of a moment. The petitioners as well as the de facto complainant are students of the College. No criminal antecedents have been reported against the petitioners. Considering the facts and circumstances of the case and the present stage of investigation, I do not think that the custodial interrogation of the petitioners is required for the continued investigation of the case, especially when petitioners 4 to 7 were deleted from the array of the accused. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
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 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) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays commencing from 29.11.2014 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) aks/26/11 // True Copy // PA to Judge