~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.820/2014 of Neeleshwaram Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 IPC.
3. The allegation against the petitioner and other accused is that on 26.09.2014 at 9 p.m. they formed themselves into an unlawful assembly armed with deadly weapons and attacked the defacto complainant. It is alleged that the 1st accused beat the de facto complainant with an iron pipe and other accused attacked the de facto complainant with hands.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. It seems that there is no allegation that the petitioner has made use of any weapon to attack the de facto complainant. There are no materials to bring out any offence under Section 308 IPC as against the petitioner herein. Considering the present stage of investigation, I do not think that the custodial interrogation of the petitioner is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
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 petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his 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 petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays, commencing from 17.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(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.
aks/14/11 Sd/-
(B.KEMAL PASHA, JUDGE)