Petition under Section 438 Cr.P.C. 2. According to the petitioners, they are apprehending arrest in connection with Crime No.535/2014 of Vidyanagar Police Station, Kasaragod District registered for the offences punishable under Sections 452, 143, 147, 148 and 506(ii) read with Section 149 of the Indian Penal Code. The only non bailable offence alleged against the petitioners, is one under Section 452 of the Indian Penal Code.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The Investigating Officer has filed a report stating that the investigation has revealed that the property in question belongs to the first accused. Matters being so, the question of trespass will not arise. Therefore, the offence under Section 452 of the Indian Penal Code is not maintainable, in this case. When the other offences are bailable, this Court is 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 Mondays and Thursdays, commencing commencing from 17.11.2014 or 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.
B.KEMAL PASHA, JUDGE dl