Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioners are accused in Crime No.575 of 2014 of the Santhanpara Police Station registered for the offences punishable under Sections 341, 326 and 294(b) r/w Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that on 22.10.2014 at about 03.30 p.m., the first petitioner by abusing the de facto complainant inflicted a blow on his head with a stick, which when warded off by the de facto complainant, resulted in a fracture to the bone of his left little finger. It is alleged that the second accused pushed down the de facto complainant and the petitioners 3 and 4 wrongfully restrained him.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. It has come out that the first petitioner has already been placed under arrest in the matter. All the main overt acts are alleged against the first petitioner, who has been arrested. The custodial interrogation of petitioners 2 to 4 is not required for the continued investigation of the case. There is nothing more to be recovered in this case. No criminal antecedents have been reported against petitioners 2 to 4. There is no allegation that they have made use of any weapon. Considering all the above, I am of the view that this is a fit case wherein anticipatory bail can be granted to petitioners 2 to 4.
In the result, this bail application is allowed in part and the investigating officer or such other police officer, who is conducting the arrest of petitioners 2 to 4 , is directed to enlarge petitioners 2 to 4 on bail in the event of their arrest on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) Petitioners 2 to 4 shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Sundays and Thursdays commencing from 23.11.2014 for a period of three months.
(ii) Petitioners 2 to 4 shall not tamper with the evidence or influence witnesses.
(iii) Petitioners 2 to 4 shall make themselves available for interrogation as and when required by the investigating officer.
(iv) Petitioners 2 to 4 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.
This application, as far as the 1st petitioner is concerned, stands dismissed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge