Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 and 2 in Crime No.1381/2014 of Attingal Police Station, Thiruvananthapuram District registered for the offences punishable under Sections 294 (b) and 326 read with Section 34 IPC.
3. The allegation against the petitioners is that, on 10.9.2014 at 7.30 p.m., they beat the de-facto complainant and 4 others with sticks, thereby causing injuries. The son of the de- facto complainant's elder brother, who was also beaten, sustained a fracture on his left wrist.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The contents of the C.D. Prima facie reveal the complicity of the first petitioner and the specific overt acts alleged against the first petitioner. No specific overt acts are alleged against the second petitioner. It has been argued that a counter case has been registered, as the first petitioner has sustained injuries. At the same time, it seems that the first petitioner was instrumental in causing injuries to 5 persons. The investigation in this case is not over and weapons could not be recovered. Considering the series of allegations against the first petitioner and the present stage of investigation, I am of the view that the first petitioner is not entitled to the discretionary relief of anticipatory bail. At the same time, this Court is of the view that anticipatory bail can be granted to the second petitioner.
6. In the result, this bail application is allowed in part and the investigating officer or such other police officer, who is conducting the arrest of the second petitioner, is directed to enlarge the second petitioner on bail in the event of his arrest on him executing a bond for ₹25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The second petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays, commencing from 30.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The second petitioner shall not tamper with the evidence or influence witnesses.
(iii) The second petitioner shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The second 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.
As far as the first petitioner is concerned, this Bail Application stands dismissed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge