Petition under Section 438 Cr.P.C. 2. Petitioner is the 8th accused in Crime No.1810 of 2013 of the Ottapalam Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 324, 326, 307, 120 (B) and 212 read with Section 149 of the Indian Penal Code.
3. The allegation against the petitioner and the other accused is that on 17.12.2013, they formed themselves into an unlawful assembly armed with deadly weapons, wrongfully restrained the de-facto complainant and attacked him. It is alleged that serious injuries have been caused to the de-facto complainant, thereby the accused had attempted to commit the murder of the de-
facto complainant. It seems that the de-facto complainant had sustained serious and grievous injuries.
4. Heard learned counsel for the petitioner and learned Public Prosecutor. Learned counsel for the petitioner pointed out that no overt acts have been alleged against the petitioner and the petitioner has not caused any injuries on the body of the de-facto complainant. On a perusal of the report filed by the Investigating Officer, it seems that the investigation of the case is practically over. All the other accused except the petitioner and the 11th accused, were arrested, detained and subsequently enlarged on bail. It seems that the only allegation against the petitioner is that he was also present at the spot. When no overt acts have been alleged against the petitioner, and the investigation of the case is practically over, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner, especially when no criminal antecedents have been reported against him.
5. 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 ₹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 petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 7.11.2014 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.
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 // PA to Judge