Petition under Section 438 Cr.P.C. 2. Petitioners are A2 and A3 in Crime No.993 of 2014 of the Kulathupuzha Police Station, pending investigation for the offences punishable under Sections 341, 294(b), 323, 324, 326 and 506(i) r/w Section 34 of Indian Penal Code.
3. The allegation against the petitioners is that on 26.09.2014 at 1.00pm, they, in furtherance of their common intention, wrongfully restrained the defacto complainant on the road, abused him and attacked him. It is alleged that the 1st accused beat the defacto complainant on his head with an iron rod and the 2nd accused beat on his head with a stick. Thereafter, by using a stone, the 2nd accused hit on his head and face. The allegation against the 3rd accused is that he has criminally intimidated the defacto complainant.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor as well and perused the CD.
5. The contents from the CD, prima facie, reveal the complicity of the petitioners. It seems that the defacto complainant had sustained very serious injuries including fracture of his nasal bone. Serious injuries have been caused on his scalp also. All the main overt acts are alleged against A1 and A2. The only allegation against A3 is that he criminally intimidated the defacto complainant. The investigation of the case is not over. The custodial interrogation of A1 and A2 is required for the continuous investigation of this case.
6. Matters being so, this is not a fit case wherein anticipatory bail can be granted to the 1st petitioner. At the same time, considering the lesser part allegedly played by the 2nd petitioner, I am of the view that, this is a fit case wherein anticipatory bail can be granted to the 2nd petitioner.
7. In the result, this bail application is allowed in part. The investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the 2nd petitioner on bail in the event of his arrest on his 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 2nd petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Sundays and Wednesdays, commencing from 16.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The 2nd petitioner shall not tamper with the evidence or influence witnesses.
(iii) The 2nd petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The 2nd petitioner shall not involve in any offence while on bail.
8. It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
This petition, as far as the 1st petitioner is concerned, is dismissed.
Sd/-
B. KEMAL PASHA JUDGE das // True copy // PA to Judge