Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 and 2 in Crime No.2198/2014 of Njarakkal Police Station registered for the offences punishable under Sections 447, 294(b) and 353 read with Section 34 of the Indian Penal Code and Section 119(1)(b) of the Kerala Police Act.
3. The de-facto complainant Government servant and other employees were unloading vaccines from the department vehicle, parked in front of the casualty of the Primary Health Centre, Edavanakkad at 11.30 a.m. on 13.11.2014. At that time, the first petitioner, an autorikshaw driver brought the second petitioner, who was suffering from some heart ailments to the casualty in an autorikshaw. As there was no space to reach near the casualty, there occurred an exchange of words. It is alleged that petitioners had abused the de-facto complainant and the other employees in filthy language and obstructed them from the discharge of their official duties. It is alleged that their photographs were taken by the petitioners in mobile phones.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. It seems that the wordy altercation had occurred between the parties, when the autorikshaw by which the 2nd petitioner was brought to the casualty could not reach near the casualty, as the said portion was blocked by the department vehicle. On going through the contents of the C.D., I do not think that custodial interrogation of the petitioners is required for the continued investigation of the case. No criminal antecedents have been reported against the petitioners. Considering all the above, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
5. 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 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) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays, commencing from 18.12.2014 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.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge