Petition filed under Section 438 Cr.P.C.
2. Petitioners are A3 and A4 in Crime No.647/2013 of the Nenmara Police Station, Palakkad registered for the offences punishable under Sections 143, 147,148, 341, 323, 324, 354 and 294(b) read with Section 149 of the Indian Penal Code and Sections 3(1)(x) and 3(1)(xi) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act.
3. The allegation against the petitioners and the other accused is that on 23.05.2013 at 7.15 p.m., they along with the other accused formed themselves into an unlawful assembly and assaulted one Shibu and Ramesh, out of group rivalry in a political party. On seeing this, the defacto complainant and others allegedly intervened for their rescue and at that time the defacto complainant and her associates were allegedly attacked and her modesty was allegedly outraged.
4. Heard learned Senior Counsel for the petitioners and the learned Public Prosecutor.
5. The learned Senior Counsel for the petitioner has produced caste certificates of A3 and A4, which clearly reveal that they are also members of scheduled castes. Certificates have been fairly obtained.
6. The learned Public Prosecutor has also pointed out that the investigating officer has also reported that they are members of the schedule caste. Matters being so, the offences under Sections 3(1)(x) and 3(1)(xi) of the SC/ST Act cannot be attracted against the present petitioners.
7. Regarding the other non bailable offence under Section 354 IPC, it seems that there are no specific allegations to that effect as against the present petitioners. No criminal antecedents have been reported against the petitioners. Considering the facts and circumstances of this case, this Court is of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
8. 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 Fridays and Tuesdays commencing from 19.12.2014 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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge