Petition under Section 438 Cr.P.C. 2. Petitioners are A3 and A4 in Crime No.1807/2014 of the Kalady Police Station registered for the offences punishable under Sections 212, 323 and 326 read with Section 34 IPC.
3. It has been reported that the 1st petitioner has been arrested and therefore, the present application seeking anticipatory bail, as far as the 1st petitioner is concerned, has become infructuous.
4. The allegation against the 2nd petitioner is that he had assisted A1 in inflicting the injuries to the defacto complainant.
5. Heard learned counsel for the petitioners and learned Public Prosecutor.
6. It seems that no specific overt acts has been alleged against the 2nd petitioner. There is no allegation that the 2nd petitioner has made use of any weapon. It seems that the custodial interrogation of the 2nd petitioner is not required for the continued investigation of the case. Considering the facts and circumstances of the case and the absence of any specific overt acts alleged against the 2nd petitioner, I am of the view that anticipatory bail can be granted to the 2nd petitioner.
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 2nd petitioner, is directed to enlarge the 2nd 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 2nd petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 31.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The 2nd petitioner shall not tamper with the evidence or influence witnesses.
(iii) The 2nd petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The 2nd 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/-
B.KEMAL PASHA, JUDGE DSV/28/10 // True Copy // P.A. To Judge