Petition filed under Section 438 Cr.P.C. 2. Petitioners are accused in Crime No.808/2014 of Neeleswaram Police Station, registered for the offences punishable under Sections 143, 147, 148, 448 and 326 IPC read with Section 149 IPC.
3. The allegation against the petitioners is that on 20.09.2014 at 04.30 p.m., they committed trespass into the varanda of the house of the defacto complainant woman by enquiring about one Balraj, who is one of her neighbours. They attacked said Balraj, who was present in the house. The defaco complainant intervened for the rescue of the said Balraj, thereby, she sustained a fracture of the second metacarpal bone of her left hand.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. It seems that the wife of said Balraj had a complaint that he used to have an illicit relationship with the defacto complainant. It was on the basis of the complaint of the wife of Balraj, the petitioners and the members of the Public went in search of Balraj, who was caught red handed from the house of the defacto complainant. It seems that as Balraj was attacked, the defacto complainant intervened in the incident, and thereby she sustained the said injury. It seems that there was no premeditation on the part of the petitioners to attack the defacto complainant. No criminal antecedents have been reported against the petitioners. The investigation of this case is practically over. Considering the facts and circumstances of the case, the present stage of the investigation and the absence of any criminal antecedents on the part of the petitioners, 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 Thursdays and Mondays, commencing from 20.11.2014 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/-
DSV/17/11 B. KEMAL PASHA, JUDGE // True Copy // P.A. To Judge