~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.3, 2, 5 and 4 respectively in Crime No.1698/2014 of Pudunagaram Police Station, Palakkad district registered for the offences punishable under Sections 143, 147, 148, 341, 323, 326 and 294(b) read with Section 149 IPC.
3. The allegation against the petitioners is that, on 29.11.2014 at 12.45 p.m., they formed themselves into an unlawful assembly, armed with deadly weapons like iron rod and wooden stick, wrongfully restrained the de facto complainant and A1 beat the de facto complainant on his shoulder with an iron rod and A2 beat the de facto complainant on his back with a wooden stick. It is alleged that the other accused had slapped and stamped the de facto complainant.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that there are serious allegations against the 2nd petitioner, who is the 2nd accused. It seems that the de facto complainant has sustained a grievous hurt in the form of a fracture. The only persons, who had allegedly used weapons, are A1 and A2. There is no allegation against A3 to A5 that they had made use of any weapon. Considering the lesser participation of A3 to A5 in the incident and the absence of any criminal antecedents on their part, I am of the view that anticipatory bail can be granted to them. At the same time, the 2nd petitioner herein, who is the 2nd accused, is not entitled to the discretionary relief of anticipatory bail.
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 A3 to A5, is directed to enlarge them on bail in the event of their arrest on each of them 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) A3 to A5 shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays commencing from 02.01.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) A3 to A5 shall not tamper with the evidence or influence witnesses.
(iii) A3 to A5 shall make themselves available for interrogation as and when required by the investigating officer.
(iv) A3 to A5 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 2nd petitioner, who is the 2nd accused, is concerned, this Bail Application is dismissed.
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(B.KEMAL PASHA, JUDGE) aks/30/12 Crime No.1698/2014 occurring in the 2nd line of paragraph No.2 at page 1 of the final order is corrected and substituted as 'Crime No.1298/2014', vide order dated 14.01.2015 in Crl.M.A.No.99/2015 in B.A.No.8937/2014.
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Registrar (Judicial)