Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the 9th accused in Crime No.978 of 2014 of the Museum Police Station registered for the offences punishable under Sections 143, 147, 148, 323, 326, 308, 324 and 109 r/w Section 149 of the Indian Penal Code and Section 27 of the Arms Act.
3. It is the prosecution case that the de facto complainant and others were attacked by the accused on 13.07.2014 during midnight. The allegation against the petitioner is that he was also present at the spot and he was wielding a wooden reaper, thereby, preventing the intervention of the members of the public in the incident.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. There is no allegation that the petitioner has caused any injury to anybody. The only allegation is that he was present at the spot and was wielding a wooden reaper.
Considering the same, and the present stage of investigation, I do not think that custodial interrogation of the petitioner is required for the continued investigation of the case. No criminal antecedents have been reported against the petitioner. Considering all the above, I am of the view that this is 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 Fridays and Tuesdays commencing from 21.11.2014 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