Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.3 and 2 respectively in Crime No.527/14 of Nedumangadu Police Station registered for the offences punishable under Sections 306 read with Section 149 of the Indian Penal Code.
3. On 28.4.2014 in the morning, one Vijesh was found dead by hanging on a tree near his house. It was revealed that he committed suicide. The investigation revealed that on 27.4.2014, accused nos.1 to 3 had beaten him up with iron rod, stick and punch block. The allegations against the petitioners is that they have abetted the commission of suicide by the deceased.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. It has come out that the deceased, on the previous day took the photographs of the mother of the first accused, who is a friend of the petitioners by using his mobile phone. On seeing the sexual overtures made by the deceased towards of the mother of the first accused, the petitioners and the first accused on the one part and the deceased on the other part entered in a quarrel. It seems that the petitioners and the first accused had beaten up the deceased in the incident.
5. The case records reveal that the deceased was earlier involved in a rape case and a crime was registered against him under Section 376 of the Indian Penal Code. It is true that a quarrel might have occurred between the parties; at the same time, the Investigating Officer has not collected any evidence to show that the petitioners had abetted the commission of suicide by the deceased. Considering the present stage of investigation and the facts and circumstances of this case, I do not think that the custodial interrogation of the petitioners is required for 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 petitioners.
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 ₹50,000/- (Rupees fifty 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 Tuesdays and Fridays, commencing from 28.10.2014 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 dl // TRUE COPY //