Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the 3rd accused in Crime No.662 of 2014 of the Chokli Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 and 427 r/w Section 149 of the Indian Penal Code.
3. The allegation against the petitioner and other accused is that on 28.07.2014 at about 10.45 p.m., they formed themselves into an unlawful assembly, armed with deadly weapons and obstructed the car bearing registration No.KL-12-D-4556 by which the de facto complainant and his younger brother were travelling, and they along with other accused smashed the front wind screen glass of the car and dragged out the petitioner and his brother. It is alleged that they beat on the head of the de facto complainant and slapped the de facto complainant and his younger brother and thereby attempted to commit culpable homicide. It is also alleged that they have caused wrongful loss of Rs.7,000/- to the de facto complainant.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. It seems that a counter case has also been registered in respect of the incident through Annexure-A1 F.I.R. for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 r/w Section 149 of the Indian Penal Code.
6. On going through the facts and circumstances of the case, it seems that the custodial interrogation of the petitioner is not required for the continued investigation of the case. Some of the accused are arrested. The identity of the petitioner is not in dispute. No criminal antecedents have been reported against the petitioner. Considering the facts and circumstances of the case, the present stage of investigation and in the absence of any criminal antecedents on his part, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
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 Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each 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 09.00 a.m. and 11.00 a.m. on all Fridays and Tuesdays commencing from 05.12.2014 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.
AS // True Copy // P.A. To Judge