Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the first accused in Crime No.1450 of 2014 of the Kilikolloor Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 364, 506(i) r/w Section 149 of the Indian Penal Code.
3. It is alleged that the de facto complainant had taken the sister of the petitioner by his bike to another place. On coming to no about it, the petitioner along with the other accused had wrongfully restrained the de facto complainant on 09.09.2014 at the railway line, beat and fisted him, and criminally intimidated him.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. Learned counsel for the petitioner has pointed out that the petitioner is a handicapped person suffering from a disability of 50%. Annexure-A1 certificate has been produced by him.
6. The prosecution records reveal that the investigation of the case is practically over, as far as the petitioner is concerned. Having regard to the fact that he is suffering from 50% disability, and considering the facts and circumstances of the case, I am of the view that 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 Thursday and Saturday commencing from 31.10.2014 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.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge