Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioners are the accused in Crime No.936 of 2014 of the Chengamandu Police Station registered for the offences punishable under Sections 143, 147, 323, 342 and 452 r/w Section 149 of the Indian Penal Code.
3. The allegation against the petitioners is that on 16.08.2014 at about 02.00 p.m. they formed themselves into an unlawful assembly, committed rioting and criminally trespassed into the house of the de facto complainant by kicking open the door. It is alleged that they dragged out the de facto complainant and tied him to a tree standing in front of the courtyard of the house of the first petitioner and severely beat him.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. It has been pointed out that the 3rd petitioner has already been arrested in the crime and he has been released on the regular bail. Therefore, this application as far as the 3rd petitioner is concerned, has become infructuous.
6. Learned counsel for the petitioners has pointed out that on the same day of the date of incident allegedly taken place in this case, at 12.15 p.m. the de facto complainant and his friend had attacked the 3rd petitioner with a sword and serious injuries were inflicted on him for which, Crime No.935 of 2014 was registered. According to the learned counsel for the petitioners the present crime has been registered in the retaliation of the earlier crime. It seems that there is nothing to be recovered in this case. The de facto complainant has not sustained any injuries at all.
7. Considering the fact that another crime has been registered earlier in which the 3rd petitioner herein was severely attacked, and the facts and circumstances of the case, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners 1 and 2.
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 1 and 2, is directed to enlarge petitioners 1 and 2 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 1 and 2 shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Sundays and Thursdays commencing from 09.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) Petitioners 1 and 2 shall not tamper with the evidence or influence witnesses.
(iii) Petitioners 1 and 2 shall make themselves available for interrogation as and when required by the investigating officer.
(iv) Petitioners 1 and 2 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.
The 3rd petitioner has been arrested and subsequently enlarged on bail. This application as far as the 3rd petitioner is concerned, has become infructuous.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge