Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the first accused in Crime No.1095 of 2014 of the Vilappilsala Police Station, Thiruvananthapuram registered for the offences punishable under Sections 143, 147,148, 294(b), 452, 323, 354 and 506(ii) read with Section 149 of the Indian Penal Code.
3. The allegation against the petitioner and the other accused is that on 05.10.2014 at 10.00 p.m., they formed themselves into an unlawful assembly armed with deadly weapons, committed rioting and rioting armed with deadly weapons and committed trespass into the house of the defacto complainant. It is alleged that they have smashed and destroyed window panes of the house and also damaged the motorbike placed at the courtyard of the house of the defacto complainant. It is alleged that they had attacked the defacto complainant and his wife and daughter.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. The learned counsel for the petitioner has pointed out that prior to the above said incident, there had occurred an incident in which the defacto complainant in this case had attacked the mother and sister of the petitioner thereby outraging their modesty. It seems that severe attack was staged against the mother and sister of the petitioner herein, which might have provoked the petitioner. According to the investigating officer, the other accused in the case are yet to be identified. The learned counsel for the petitioner has pointed out that the petitioner is a 24 year old boy and he was under severe mental stress as his mother and sister were brutally attacked. No criminal antecedents have been reported against the petitioner. Considering the facts and circumstances of this case and in the absence of any criminal antecedents on his part, I am of the view that this is 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 for the like sum each 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 09.00 a.m. and 1.00 a.m. on all Fridays and Tuesdays commencing from 28. 1.2014 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.
B. KEMAL PASHA, JUDGE ul/-
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