Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.1206 of 2014 of the Aranmula Police Station registered for the offence punishable under Section 308 of the Indian Penal Code.
3. The allegation against the petitioner is that on 13.09.2014 at about 09.45 p.m., he caused to hit the autorickshaw in which the brother-in-law of the de facto complainant and his friends were travelling at a place called Kacherrypaddy at Aranmula, with a jeep that was being driven by the petitioner. With the impact of the hit, the brother-in-law of the de facto complainant and others sustained injuries.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The wound certificate which finds a place among the records in the C.D reveal that there was smell of Alcohol to the said Ratheesh, who is the brother-in-law of the de facto complainant. It seems that the persons travelling by the autorickshaw were in drunken mood.
6. According to the learned counsel for the petitioner, it was merely a road traffic accident and the case under Section 308 of the Indian Penal Code is falsely foisted against the petitioner. No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. Custodial interrogation of the petitioner is not required for the continued investigation of this case. Considering all the above, 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 Saturdays and Wednesdays commencing from 13.12.2014 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