Petitioners are accused Nos.1, 3, 4, 6, 8, 12, 13, 14, 15 and 18 in Crime No.230/2014 of Chokli Police Station, Kannur District. The offences alleged against them and other accused are punishable under Secs.143, 147, 148, 448 and 427 r/w 149 of IPC. Apprehending arrest, this petition is filed for anticipatory bail. 2. It is alleged that on 9.3.2014 at about 9.40 PM, petitioners committed rioting with deadly weapons and caused damage to the house of the complainant.
3. Learned counsel for the petitioners submits that a complaint was filed mistakenly against the petitioners as they belong to the opposite political party. In fact the attacks were made by another political party and making use of the political rivalry between the petitioners' party and the complainant's party, a crime was mistakenly registered against the petitioners. It is also pointed out that there were crimes registered against opposite group and they were already granted bail in those cases. It is further submitted that the Chokli Police had registered another crime as Crime No.238/2014 alleging offences under different sections of IPC including Sec.308 of IPC, in which, one of the friends of the petitioners was attacked by the other political group. There is yet another crime registered in connection with above crime in which, along with different sections of IPC, Sec.153A of IPC was also added against the petitioners. But, against the opposite group, no crime was registered under Sec.153A of IPC evidently because of political pressure, it is stated.
4. Considering all the aspects the following directions are issued:
The petitioners shall surrender before the Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioners but on the following conditions:
a. The accused shall execute a bond for ₹25,000/-
(Rupees Twenty Five Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make themselves available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The accused shall not leave India without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
Sd/- N.K.BALAKRISHNAN, J UDGE.
//True Copy// P.A. To Judge Jvt