Petition under Section 438 Cr.P.C.
2. Petitioners are accused Nos.1 to 4 in Crime No.
552 of 2014 of Thamarassery Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 IPC.
3. The allegation against the petitioners is that on 28.07.2014 at 10.30 am, they formed themselves into an unlawful assembly armed with deadly weapons like stick and stones and they attacked the defacto complainant after wrongfully restraining him and inflicted injuries on him, thereby attempting to commit culpable homicide.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. No criminal antecedents had been reported against the petitioners. The wound certificate reveals that the defacto complainant has sustained some trivial injuries. It seems that there was a dispute relating to a pathway which led to an altercation between two groups in the locality, which has resulted in the injuries to the defacto complainant.
6. On a perusal of the wound certificate, it does not show the ingredients of the offence under Section 308 IPC. Matters being so, this Court is of the view that this is a fit case in which anticipatory bail can be granted to the petitioners.
7. 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 Mondays, commencing from 31.10.2014 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/-
DSV/24/10 // True Copy // P.A. To Judge B. KEMAL PASHA, JUDGE