ORDER

This is an application for anticipatory bail.

2. Petitioner is the third accused in Crime No.844 of 2021 of Sulthan Bathery Police Station, Wayanad District, alleging commission of offences under Sections 341, 323 and 307 r/w Section 34 of the Indian Penal Code.

3. The allegation against the petitioner is that, he along with the other accused in the case attacked the defacto complainant resulting in serious injuries to the defacto complainant.

4. The learned counsel for the petitioner with reference to the First Information Statement of the defacto complainant submits that, the allegations are mainly against the 1st accused and not against the petitioner/2nd accused. It is submitted that in fact there is no allegation against the petitioner/2nd accused, which would attract any of the offences alleged against him. It is submitted that the petitioner has been falsely implicated in the crime. It is also submitted that taking into account the allegations raised against the petitioner, his custodial interrogation may not be required in the matter.

5. Heard the learned Public Prosecutor also. It is submitted that there are very serious injuries suffered by the defacto complainant and that the petitioner is not entitled to anticipatory bail.

6. Having regard to the facts and circumstances of the case, and considering the allegations against the petitioner, and also taking into account the contents of the First Information Statement of the defacto complainant and also the fact that the 3rd accused has already been released on bail, I am of the opinion that the petitioner/2nd accused can also be granted anticipatory bail subjected to conditions.

7. In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of his arrest in Crime No.844 of 2021 of Sulthan Bathery Police Station, Wayanad District, subject to the following conditions:-

i. The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

ii. Petitioner shall co-operate with the investigation and shall report before the investigating officer at 10.00 A.M on 16.03.2022, 17.03.2022 and 18.03.2022 and thereafter whenever called upon to do so;

iii. The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.844 of 2021 of Sulthan Bathery Police Station, Wayanad District;

iv. The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.844 of 2021 of Sulthan Bathery Police Station, Wayanad District may file an application before the Jurisdictional Court, for cancellation of bail. This order shall not be treated as one entitling the 1st accused in the case to apply for anticipatory bail on similar terms.