~~~~~~~ Petition under Section 438 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.1447/2014 of Kuthuparamba Police Station registered for offences punishable under Sections 341, 323, 324 and 308 IPC read with Section 34 of Indian Penal Code.
3. The allegation against the petitioner and the other accused is that on 2.11.2014 at 6 p.m. they wrongfully restrained the de facto complainant in front of the telephone exchange at Kuthuparamba and the 1st accused hit him on his head with a granite stone and A2 and the petitioner slapped him.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. On perusing the wound certificate, which finds a place among the records in the CD, I do not think that there are sufficient ingredients to invite an offence under Section 308 IPC. Other offences alleged are bailable. The only allegation against the petitioner is that he slapped the de facto complainant, which may at the most constitute an offence under Section 323 IPC.
6. Considering the facts and circumstances of the case and the role attributed to the petitioner, I am of the view that anticipatory bail can granted to him, especially when no criminal antecedents have been reported against him.
7. 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 Saturdays and Wednesdays, commencing from 20.12.2014 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.
Ps/17/12/2014