Petition filed under Section 438 Cr.P.C. 2. The petitioner is the accused in Crime No.415/2014 of Fort Police Station registered for the offences under sections 143,147,148,149, 294(b), 323, 326 and 354 IPC.
3. The allegation against the petitioner is that he along with the co-accused armed with deadly weapons like brick formed themselves into an unlawful assembly and assaulted the de facto complainant and her son. The de facto complainant allegedly sustained fracture of the right wrist. It is submitted by the learned counsel for the petitioner that the facts disclosed in the investigation indicate that the de facto complainant suffered injury in a fall.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. A copy of the wound certificate was made available for my perusal. It shows that the de facto complainant had sustained fracture of the right wrist bone. At the same time, there was no external injury. So it appears that the possibility of the de facto complainant sustaining injury in fall cannot be ruled out. The other offences are minor in nature.
6. Having regard to these facts, I think the application can be B.A. NO.3971 OF 2014 2 allowed.
In the result, this Bail application is allowed with the following conditions:
1) The petitioner shall be released on bail on his executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.
2) He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.
3) He shall not destroy or tamper with evidence.
This order is not applicable if the petitioner choose to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
K.ABRAHAM MATHEW JUDGE pm