Petition under Section 438 Cr.P.C. 2. Petitioner is the 4th accused in Crime No.1472 of 2014 of Pathanamthitta Police Station, registered for the offences punishable under Sections 323, 324 and 308 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner and the other accused is that on 4.8.2014 at 3.30 p.m., they attacked the de-facto complainant. It is alleged that the first accused slapped on the left cheek of the de- facto complainant and the second accused beat the de-facto complainant with an iron rod. It is alleged that accused Nos.3 and 4 fisted and kicked the de-facto complainant.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the C.D. There is no allegation against the petitioner that he has made use of any weapon. It is alleged that the second accused alone has made use of a weapon. The only allegation against the petitioner is that he fisted and kicked the de-facto complainant. Considering the present stage of investigation, and in the facts and circumstances of the case, and especially when no criminal antecedents have been reported against the petitioner, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
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 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 Fridays and Tuesdays, 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 dl // TRUE COPY //