Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1, 2 and 4 respectively, in Crime No.2015/2014 of North Paravur Police Station registered for the offences punishable under Sections 452 and 324 of the Indian Penal Code read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that on 17.10.2014, they committed trespass into M/s.Cee Cee Bar, North Paravur and attacked the de-facto complainant, who was consuming liquor inside the bar, and voluntarily caused hurt on him by making use of dangerous weapons.
4. Heard learned counsel for the petitioners and learned Public Prosecutor and perused the C.D. The contents of the C.D., prima facie reveal that an offence under Section 452 of the Indian Penal Code will not lie in the matter. The other offence is one under Section 324 of the Indian Penal Code, which is bailable. Considering the facts and circumstances of the case, I am of the view that the apprehension of arrest forwarded by the petitioners is reasonable. When the only non-bailable offence alleged in the crime cannot be attracted, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
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 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 16.12.2014 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.
Sd/ B.KEMAL PASHA, JUDGE dl // True Copy // PA to Judge