This is an application for anticipatory bail filed by the 4th accused in Crime No.783/2014 of Pattambi police station, under Section 438 of the Code of Criminal Procedure. 2. The case of the prosecution in nut shell was that on 10.08.2014 at about 9.30 p.m, the accused persons formed themselves into an unlawful assembly with a common object of assaulting the driver of the car who is the de facto complainant in the case and first accused caused serious injuries on the nose of the de facto complainant by using iron block and they have taken away the wrist watch and mobile phone of the de facto complainant and thereby, all of them have committed committed the offence punishable under Sections 143, 147, 148, 341, 323, 324, 294(b), 506(ii), 326 and 394 read with Section 149 of the Indian Penal Code.
3. The Counsel for the petitioner submitted that, this petitioner along with accused numbers 2 and 3 filed an application for anticipatory bail as B.A.No.6783/14 and this court by Annexure A order granted anticipatory bail to petitioners 1 and 2, but rejected the bail application of this petitioner on the sole ground that he was included in the rowdy list. In fact, the present petitioner was not included in the rowdy list and the second petitioner in that case was the person who has been having criminal background and he is involved in other cases and the petitioner has no criminal background at all. He prayed for allowing the application.
4. The learned Public Prosecutor submitted that in fact, there is a mistake in the order of this court while granting anticipatory bail to first petitioner in that case who is the second accused in the case and while observing that he was involved in other crimes and the present petitioner had not involved in any crime, however, opposed the application on the ground that investigation is still in progress and first accused has not been arrested.
5. It is seen from the records that, the above crime was registered on the basis of the statement given by the de facto complainant - injured against one Mohammed, Pairottil House, Koyappadi, Pattambi and 4 identifiable persons alleging commission of the above said offences. Later, during investigation, it was revealed that the present petitioner and accused numbers 2 and 3 now arrayed are the persons involved and 5th accused is yet to be identified as well. It is also seen from Annexure A order that accused numbers 2 to 4 including the present petitioner filed an application for anticipatory bail and this court by order in B.A.No.6783/14 dated 25.09.2014 granted anticipatory bail to petitioners 1 and 2 who are accused numbers 2 and 3 but, dismissed the application in respect of the present petitioner on the ground that he had involved in several criminal cases. But, according to the petitioner and the learned Public Prosecutor, it is a mistake and in fact, it was the first petitioner in that case who was the second accused had involved in the crime in several crimes and not the present petitioner. However, this court has granted anticipatory bail to accused numbers 2 and 3. Considering the fact that it was on account of mistaken notion, this court has rejected anticipatory bail to the present petitioner, this court feels that anticipatory bail granted in favour of accused numbers 2 and 3 can be extended to the present petitioner as well. So, the application is allowed with following conditions:
1. The petitioner is directed to surrender before the investigating officer within 5 days from today and submit himself for interrogation. If the arrest of the petitioner is required, after recording his arrest, produce the petitioner before the jurisdiction of magistrate and on such production and filing an application for regular bail, the learned magistrate is directed to release the petitioner on bail on following conditions:
i) The petitioner shall be released on bail on executing a bond Rs.25,000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Pattambi.
ii) The petitioner shall appear before the investigating officer for the purpose of interrogation on the last Saturday of every month between 9.00 a.m., and 10.00 a.m, till the final report is filed.
iii) The petitioner shall appear before the investigating officer as and when required in writing to do so till the final report is filed.
iv) The petitioner shall surrender his passport before the Judicial First Class Magistrate, Pattambi and if he is not having any passport, file an affidavit to that effect before that court within one week from the date of his release.
v) The petitioner shall not leave Palakkad District without getting prior permission from the Judicial First Class Magistrate, Pattambi or from the court which the case will be committed for trial till the disposal of the case.
With the above conditions, the the application is allowed.
Sd/-
K. Ramakrishnan, Judge Bb [True copy] P.A to Judge