Petition filed under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 and 2 in Crime No.335/2014 of Kodumon Police Station registered for the offences under Sections 447, 323, 324, 326, r/w Section 34 I.P.C.
3. It is alleged by the prosecution that on account of their previous enmity, the petitioners, on 14.04.2014 at about 7.15 p.m. assaulted the de facto complainant's father on a public road. The 2nd petitioner hit him with a stone causing fracture of his nasal bone. When the mother of the de facto complainant intervened in the incident, the 3rd accused trespassed into the courtyard of her house and assaulted her. The petitioners claim to be innocent. They say that their names do not find a place in the FIR.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The incident happened at about 7.15 p.m. in front of the house of the de facto complainant's father. It is a public place. The main ground on which the petitioners claim an order under Section 438 Cr.P.C. is that their names do not find a place in the FIR. It is submitted that by the learned counsel for the petitioner that the parties were not known to each other. The weapon allegedly used by the petitioners is only a stone. Having regard to these facts, I am inclined to grant the prayer.
In the result, this application is allowed.
1. The petitioners shall be released on bail on their executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.
2. They shall appear before the Investigating Officer for interrogation, if they are so required by him in writing.
3. They shall not destroy or tamper with evidence.
4. They shall co-operate with the investigation.
This order is not applicable if the petitioners choose to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
K. ABRAHAM MATHEW, JUDGE ttb