Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 and 3 to 11 in Crime No.111/2014 of Vellathooval Police Station, Idukki registered for the offences under Sections 143,145,147,148,149, 294(b) 341, and 353 read with Section 149 IPC and Section 3(1) of PDPP Act, 1984 and also Section 117(a) of the Kerala Police Act.
3. The allegation against the petitioner and the other accused is that on 28.2.2014 at 1.00 a.m., they formed themselves into an unlawful assembly armed with deadly weapons and prevented the police officers from discharging their official duties at the premises of Sree Mahadeva Temple, Muniyarakara, Konnathadi village during the festival. It is also alleged that the police men were attacked and damage were caused to the police jeep bearing Reg. No.KL-01-AV-382, thereby causing a wrongful loss of ₹6,000/- to the Government.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioners. The investigation of the case is practically over. It is a fact that the Government has sustained a loss of ₹6,000/-. By making a provision for compensating the damage sustained to the Government, this Court is of the view that 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 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) Each of the petitioners shall deposit an amount of ₹1,000/- (Rupees one thousand only) before the court below, within a period of one week from today.
(ii) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays, commencing from 28.10.2014 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 dl // TRUE COPY // PA to Judge