~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.4 to 8 in Crime No.2297/2014 of Karunagappally Police Station registered for the offences punishable under Sections 143, 147, 148, 427 and 153A read with Section 149 IPC.
3. The allegation against the petitioners is that, with intent to kindle communal hatred, A1 smashed the concrete top portion of a coffer of Vilayil Temple by beating with a cricket bat, and A2 tore away the flag of the RSS. According to the de facto complainant, the other accused are associates of A1 and A2.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. There is no specific allegation against any of the petitioners. Further, the learned counsel for the petitioners has pointed out that the petitioners, who are youngsters playing cricket, will never attempt to smash a concrete structure by beating with their cricket bat. That argument seems to be highly probable. On going through the contents of the CD, I do not see any ingredients to attract an offence under Section 153A IPC. Apart from that, there is no allegations at all as against these petitioners. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
6. 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 12.12.2014 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.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/09/12 // True Copy // PA to Judge