Petition under Section 438 Cr.P.C. 2. Petitioners are the accused Nos.1 to 4 in Crime No.551 of 2014 of Vagamon Police Station registered for the offences punishable under Sections 332, 323, 324 and 294(b) read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that on 9.11.2014 at 7 p.m., they dragged down the de-facto complainant, who is the driver of a K.S.R.T.C. bus from the driving seat of the bus, at a place called Anthyanpara in Wagamon-Moolamattom road, and hit on his back with a granite stone and when he ran away from the spot, he was pelted with stones by the petitioners.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. It has come out that the K.S.R.T.C bus, which was being driven by the de-facto complainant forcefully hit on the rear side of a Santro car, which was being driven by the first petitioner, thereby causing severe damage to the car. It seems that the petitioners, who were travelling by the car have marginally escaped. Consequent to that incident, a minor skirmish had occurred on the road between the petitioners and the de-facto complainant and a push and pull had resulted.
5. No criminal antecedents have been reported against the petitioners. Investigation of the case is practically over. There is nothing to be recovered from the possession of the petitioners. Therefore, the custodial interrogation of the petitioners is not required for the continued investigation of the case. Considering all the above, I am 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 ₹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 Saturdays and Wednesdays, commencing from 29.11.2014 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.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge