Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 to 13 in Crime No.924/2014 of Mananthavady Police Station registered for the offences punishable under Sections 143, 147, 341 and 353 read with Section 149 of the Indian Penal Code and Section 3(1)(2)(e) of the P.D.P.P. Act.
3. The allegation against the petitioners is that on 18.10.2014 at 11.00 a.m., they formed themselves into an unlawful assembly and they, along with other 200 persons, had obstructed the discharge of the official duties of the de-facto complainant and other officers of the Sales Tax Department, who had reached the shop named, Popular Tiles and Sanitary at Mananthavady. It is alleged that the said officers were wrongfully restrained and thereafter, the Government vehicle, by which they came, was destroyed by causing a wrongful loss of ₹30,000/- to the Government.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned counsel for the petitioners has pointed out that the petitioners were not the accused persons in the incident and they are implicated only because of the fact that they happened to be the leaders of the Association. Considering the facts and circumstances of the case, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners, as no injuries were caused to the de-facto complainant or other officers. At the same time, this cannot be taken as a precedent. This incident has to be viewed seriously. Therefore, stringent conditions are to be imposed. Further, a provision has to be made for compensating the damages sustained to the Government.
5. 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) Each of the petitioners shall deposit ₹3,000/- (Rupees three thousand only) before the court below, within 5 days from today.
(ii) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays, commencing from 6.12.2014 for a period of six months.
(iii) The petitioners shall not tamper with the evidence or influence witnesses.
(iv) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iii) 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.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge