Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioners are accused Nos. 2 and 3 in Crime No.1045 of 2014 of the Vadakkancherry Police Station pending investigation for the offences punishable under Sections 341, 323, 324, 326 and 294(b) r/w Section 34 of the Indian Penal Code.
3. The allegation against the petitioners and other accused is that on 02.07.2014 at about 05.00 p.m., they wrongfully restrained the de facto complainant and pushed him down. It is alleged that the second accused brandished a knife thereby the de facto complainant sustained an injury on his right leg. It is alleged that the first accused hit on the face of the de facto complainant with a granite stone thereby causing injuries on his face and he lost one of his teeth.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. Learned counsel for the petitioners has pointed out that this case has been falsely foisted against the petitioners in retaliation to Crime No.1016 of 2014 registered against the de facto complainant herein for the offences punishable under Sections 448, 341, 324, 294(b), 427 and 354(B) of the Indian Penal Code. According to the learned counsel for the petitioners, the de facto complainant had committed trespass into the Veranda of the house of the petitioners on 02.07.2014 at about 05.30 p.m., and wrongfully restrained the wife of the first petitioner herein, abused her and beat her by using an iron rod and outraged her modesty. It is also alleged that the car of the first petitioner parked at the courtyard was also damaged by the de facto complainant herein.
6. Considering the facts and circumstances of the case and the facts and circumstances of Crime No.1016 of 2014, it seems that the present crime can be after thought as pointed out by the learned counsel for the petitioners. The present crime has been registered on 11.07.2014 whereas the other crime was registered on 05.07.2014. Considering the facts and circumstances of the case and the facts of Crime No. 1016 of 2014, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Fridays and Tuesdays commencing from 28.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners 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