~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 to 4 in Crime No.1344/2014 of Vadakkenchery Police Station registered for the offences punishable under Sections 341, 323, 324, 294(b) and 354 read with Section 34 IPC.
3. The allegation against the petitioners and other accused is that, on 03.09.2014 at 10 p.m., they pelted stones on the house of the de facto complainant. When the wife of the de facto complainant came out, she was abused and A1 and A2 slapped her. When the de facto complainant came out, he was wrongfully restrained and he was beaten with an iron rod and was kicked.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The contents of the CD, prima facie, reveal that the investigation of this case is practically over. Considering the facts and circumstances of this case, I do not think that the custodial interrogation of the petitioners 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 petitioners.
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 petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them 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 petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 28.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners 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) aks/25/11 // True Copy // PA to Judge