Petition under Section 438 Cr.P.C. 2. Petitioner is the first accused in Crime No.770/2014 of the Valancheri Police Station, Malappuram District registered for the offences punishable under Sections 143, 147, 149, 294(b), 323, 341, 354, 448 and 506(i) of the Indian Penal Code read with Section 149 of the Indian Penal Code.
3. The allegation against the petitioner and the other accused, is that on 5.10.2014 at 11 a.m., they formed themselves into an unlawful assembly, committed rioting, criminally trespassed into the church hall of the Indian Pentecostal Church at Moochikkal, and wrongfully restrained the de-facto complainant and abused him. It is also alleged that they have outraged the modesty of the women, who were engaged in the prayers and worship in the church.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. It seems that due to severe noise pollution and disturbances, on account of the frequent gathering in the church, it resulted in severe unrest among the public in the locality and they had reacted to the same. The incident in question is an outcome of such a reaction and apart from that, it seems that there was no intention to commit any of the offence under Section 354 of the Indian Penal Code. Considering the facts and circumstances of this case, I do not think that custodial interrogation of the petitioner is required for the continued investigation of this case. There is absolutely nothing to be recovered at the instance of any of the petitioners. Considering all the above and the present stage of investigation, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
5. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his 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 petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Sundays and Wednesdays, commencing from 23.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner 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 dl // TRUE COPY // PA to Judge