~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.2 to 4, 6 and 7 in Crime No.1541/2014 of Vadakkencherry Police Station, Palakkad registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 294(b) and 308 read with Section 149 IPC.
3. The allegation against the petitioners and other accused is that, on 08.10.2014 at 4.30 p.m. they formed themselves into an unlawful assembly armed with deadly weapons like wooden stick, committed rioting, and rioting armed with deadly weapons, and attacked the de facto complainant, who was standing in front of the mosque. It is alleged that A1 wrongfully restrained him and beat him with the wooden stick. When he ran away, he was chased by A2 and the other accused and A2 beat him with a wooden stick. It is alleged that the other accused beat and fisted him.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned counsel for the petitioners has pointed out that A1 and A5 were arrested and the wooden stick involved was recovered. The learned Public Prosecutor has pointed out that some civil disputes are also pending between the two groups relating to the mosque and the incident in question is a continuation of the said disputes. It seems that some other persons have also become injured. At the same time, the injuries to other persons, except the de facto complainant, are trivial in nature. On going through the CD, it seems that the custodial interrogation of the petitioners is not required for the continued investigation of this case. Further, no criminal antecedents have been reported against the petitioners. Considering all the above, I am of the view that this is a fit case wherein anticipatory bail can be granted to these 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 Thursdays and Mondays, commencing from 30.10.2014 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) aks/27/10 // True Copy // PA to Judge