Petition filed under Section 438 Cr.P.C.
Petitioners are accused No. 1 to 4 in Crime No. 267/2014 of Sreekandapuram Police Station which has been registered for the offences under Sections 143, 147, 148, 323, 324, 341 and 354 read with Section 149 I.P.C.
2. The allegation is that when the de facto-complainant and others were travelling in a car, the petitioners alongwith some others formed themselves into an unlawful assembly, armed with a reaper, wrongfully restrained the de facto-complainant and others and assaulted them with reaper. It is submitted by the learned counsel for the petitioner that the real assailants are the de facto-complainant and others who attacked the petitioners, for which the Police have registered a case against them. This is a false case got registered by the de facto- complainant.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. This appears to be an assaulted case. It is doubtful whether Section 354 I.P.C. will be attracted. The petitioners allegedly assaulted the victim with a piece of wood. There is no allegation that it is a dangerous weapon. The weapon is not described in the documents produced by the prosecution. At this stage, it is doubtful whether Section 324 I.P.C. is also attracted. Having regard to these facts, I think it proper to grant the prayer of the petitioners.
In the result, this application is allowed.
1. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.
2. They shall appear before the Investigating Officer for interrogation if they are for required by him in writing.
3. They shall not destroy or tamper with evidence.
4. They shall not harass the defacto-complainant or her relatives.
5. This order is not applicable if the petitioners choose surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
K. ABRAHAM MATHEW JV JUDGE