Petition filed under Section 438 Cr.P.C. 2. Petitioners are the accused in Crime No.550 of 2014 of the Kuttampuzha Police Station, Ernakulam, registered for the offences punishable under Sections 341, 323, 324, 506(ii), 294(b) and 452 IPC r/w 34 IPC.
3. The allegation against the petitioners is that on 23.10.2014 at 7.30pm, they, in furtherance of their common intention, attacked the defacto complainant, wrongfully restrained him on the road and the 1st petitioner beat on the back of his head with a plastic liquor bottle. When the defacto complainant fell down, petitioners stamped him. Further, they attempted to strangulate him, and they hit him with a screw driver. It is alleged that the defacto complainant got released from the clutches of the petitioners and ran to the sit out of the house of one Chellappan. The petitioners allegedly chased him and committed house trespass in to the said house and again beat on his head and bit the defacto complainant.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The contents from the CD reveals that the investigation of the case is practically over. The learned counsel for the petitioners further pointed out that there is a counter case also registered as Crime No.551 of 2014 of Kuttampuzha Police Station, against the defacto complainant herein in connection with the attack on the 1st petitioner by the defacto complainant. Considering the facts and circumstances of the case and the present stage of investigation, I do not think that the custodial interrogation of the petitioners is required for the continuous investigation of the case.
6. Matters being so, I am of the view that this is a fit case wherein 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 Tuesdays, commencing from 21.11.2014 for a period of three months.
(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 das +++ // True copy // PA to Judge