Petition filed under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.1305/2014 of the Mulanthuruthy Police Station, registered for the offence punishable under Sections 323 and 326 IPC.
3. The allegation against the petitioner is that on 25.10.2014 at 09.30 p.m., he pushed down the defacto complainant while he was engaged in hoisting a flag of CPI(M), thereby the defacto complainant fell down. It is alleged that the petitioner took the torch of the defacto complainant which fell down and beat on the face of the defacto complainant, thereby, causing a fracture of the maxillary bone.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner has pointed out that in fact the petitioner was attacked by the defacto complainant by using the torch, thereby the petitioner sustained an injury on his forehead, for which four stitches were to be installed. It is also alleged that it was in that process, he snatched away the torch of the defacto complainant and made a counter attack in which the defacto complainant sustained injury. It is the case of the petitioner that there was no preparation on the part of the petitioner to attack the defacto complainant. It seems that the incident had occurred in the spur of a moment and there was no premeditation. The investigation of this case is practically over. The custodial interrogation of the petitioner is not required for the continued investigation of this case. Regarding the attack by the defacto complainant on the petitioner, Crime No.1310 of 2014 of the very same Police Station was also registered. Considering all the above, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
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 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 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 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/-
DSV/17/11 B. KEMAL PASHA, JUDGE // True Copy // P.A. To Judge