Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the 1st accused in Crime No.1864 of 2014 of the Chavara Police Station registered for the offences punishable under Sections 143, 147, 148, 283, 188 and 332 r/w Section 149 of the Indian Penal Code and Section 3(1) of the P.D.P.P. Act.
3. On account of the leakage of some noxious gas from the K.M.M.L, Chavara, it resulted in suffocation to some girls students of the Government Higher Secondary School, Chavara. Consequently, a mob under the leadership of the petitioner obstructed the National Highway for half an hour. When the Police came over there to remove them, the Police party was attacked, which resulted in a lacerated injury to a Police officer. The Police jeep was attacked and severely damaged which has resulted in a wrongful loss of Rs.40,000/- to the Government.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. On going through the contents of the C.D, it seems that the custodial interrogation of the petitioner is not required for the continued investigation of this case. At the same time, it is a fact that the Government has sustained a wrongful loss of Rs.40,000/-. By making a provision for compensating the Government for the damages, I am of the view that anticipatory bail can be granted to the petitioner.
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 Rs.50,000/- (Rupees fifty 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 deposit an amount of Rs.40,000/- (Rupees forty thousand only) before the court below within ten days from today.
(ii) The petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Mondays and Fridays commencing from 17.11.2014 for a period of three months.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(v) 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/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge