Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.2, 4 and 6 in Crime No.820/2014 of Nileshwaram Police Station in Kasargode District registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code.
3. The allegations against the petitioner and other accused is that they formed themselves into an unlawful assembly armed with deadly weapons on 26.9.2014 at 9. p.m., and attacked the de-facto complainant. It is alleged that the first accused beat the de-facto complainant with an iron pipe and other accused attacked the de-facto complainant with hands.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
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5. No criminal antecedents have been reported against the petitioners. It seems that there is no allegation that the petitioners have made use of any weapon to attack the de-facto complainant. There are no materials to bring out any offence under Section 308 of IPC, as against the petitioners herein. Considering the present stage of investigation and the facts and circumstances of this case, I do not think that the custodial interrogation of the petitioners is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
6. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them 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 B.A. No.7433 of 2014 : 3 :
following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays, commencing from 28.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners 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.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge