Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the first accused in Crime No.1803 of 2014 of the Varkala Police Station registered for the offences punishable under Sections 294(b), 323, 324, 341 and 308 r/w Section 34 of the Indian Penal Code.
3. The allegation against the petitioner and other accused is that on 06.10.2014 at about 06.30 p.m., the second accused wrongfully restrained the de facto complainant, and the petitioner inflicted injury on the back side of his head with a knife. The 4th accused had allegedly kicked the de facto complainant.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. It seems that the learned Session's Judge granted anticipatory bail to A2 and A4 in the case. The application filed by the first accused was rejected. It seems that immediately after the incident in this case, another incident had also occurred wherein the accused persons in this case were attacked by the de facto complainant and his associates in which, the second petitioner has sustained very serious injuries including 2 fractures. The incident had occurred on account of some dispute relating to the rope pulling competition that had taken place. The injuries sustained by the de facto complainant is not that much serious.
6. On going through the facts and circumstances of the case, I do not think that there are sufficient ingredients to invite the offences under Section 308 of the Indian Penal Code. Considering all the above, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Tuesdays and Fridays commencing from 25.11.2014 for a period of three months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner 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.
AS /True copy/ P.A. to Judge