Petition filed under Section 438 Cr.P.C.
2. Petitioners are A1 to A3 in Crime No.1188/2014 of the Vadakkekkara Police Station, Thrissur registered for the offences punishable under Sections 143, 147, 148, 447, 323, 324 and 326 read with Section 149 of the Indian Penal Code.
3. The allegation against the petitioners is that on 11.09.2014 at 09.15 p.m. the son of the defacto complainant Jobish was attacked by A1 and A2 and he lost a tooth when he was being hit on his face by a granite stone. Thereafter, it is alleged that the petitioners and the other accused formed themselves into an unlawful assembly armed with deadly weapons and trespassed into the house of the defacto complainant and attacked the said Jobish. He was also beaten up with sticks. When his younger brother Binish interfered, he was also beaten up severely. In the incident, it is alleged that Jobish sustained a fracture on the bone of his right hand and Binish has sustained a fracture on the bone on his left hand.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. It has come out that both the said Jobish and Binish are mentally deranged and are suffering from severe mental illness. Presently, they are undergoing treatment at the Mental Health Centre, Thrissur. It has come out that on the date of incident at 9.15 p.m. the aforesaid Jobish, with a knife, committed house trespass into the house of A3 herein with intent to commit murder of the mother of A3. He stabbed repeatedly the mother of A3 thereby attempted to commit murder, for which Crime No.1182/14 has been registered for the offences punishable under Sections 307 and 450 IPC. From there, when people gathered, he ran away and went to the house of A1 where also he trespassed into the house of A1 for committing the murder of the father of A1 and he repeatedly stabbed the father of A1, for which Crime No.1183/2014 has been registered for the offences punishable under Sections 450 and 307 IPC. It seems that there was only a reaction against the said acts of the said persons in the locality by which people gathered and attacked him. Considering the facts and circumstances of this case, this Court is 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 `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 petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays commencing from 28.11.2014 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.
B. KEMAL PASHA, JUDGE ul/-