Petition filed under Section 438 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.497 of 2014 of the Panamaram Police Station, registered for the offences punishable under Sections 143, 147, 353, 448 and 506(i) read with Section 149 IPC.
3. The allegation against the petitioner and the other accused is that on 28.10.2014 at 10.30 a.m., they trespassed into the Government Nursing School at Panamaram and obstructed the taking of class by the defacto complainant, who is the Principal-in-charge of the said Nursing School.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. It seems that the petitioner is also a IIIrd year student of the very same Nursing School. The incident had occurred as the defacto complainant had permitted an outside agency to take class at the Nursing School regarding some political lessons. The same was opposed by the petitioner. It seems that a wordy altercation has occurred and nothing more had happened. The contents of the CD reveal that the investigation of this case is practically over. This not a case wherein custodial interrogation of the petitioner is required for the continued investigation of this case. Considering all the above, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
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 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 Tuesdays and Fridays, commencing from 16.12.2014 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/ DSV/12/12 // True Copy // B.KEMAL PASHA, JUDGE PA to Judge