Application filed under Section 438 of the Code of Criminal Procedure.
2. According to the petitioner, he apprehending arrest in connection with Crime No.1799 of 2014 of the Pathanamthitta Police Station registered for the offences punishable under Sections 294(b) and 332 of the Indian Penal Code and Section 3(2)(c) of the PDPP Act.
3. The allegation against the petitioner is that on 25.09.2014 at about 05.45 p.m. he obstructed the K.S.R.T.C bus being driven by the de facto complainant and assaulted the de facto complainant, driver with a PVC pipe and also broke the rear view mirror of the K.S.R.T.C bus and thereby the service could not be operated on the said day, which has resulted in a loss of Rs.17,000/- to the K.S.R.T.C.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. It is a fact that the K.S.R.T.C has suffered damages to the tune of Rs.17,000/- as the service could not be operated.
The petitioner was instrumental in causing the damages. Therefore, the petitioner has to compensate the K.S.R.T.C.
6. No criminal antecedents have been reported against the petitioner. Considering the facts and circumstances of the case and in the absence of any criminal antecedents on his part, I am of the view that anticipatory bail can be granted to the petitioner by making a provision for compensating the loss suffered by the K.S.R.T.C.
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 Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each 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 09.00 a.m. and 11.00 a.m. on all Monday and Friday 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.
(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.
(v) The petitioner shall deposit an amount of Rs.17,000/- (Rupees seventeen thousand only) before the court below within a week from today.
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.
AS /True copy/ P.A. to Judge