ORDER

This is an application for anticipatory bail.

2. Petitioners are accused Nos.1 and 2 in Crime No.726/2021 of Vadakkekkad police station, Thrissur district, alleging commission of offences under Sections 452, 324,326 r/w. Section 34 of the Indian Penal Code.

3. Allegation against the petitioners is that on

16.08.2021, at about 05.30 am, the petitioners along with the 3rd accused trespassed into the tea shop of the de facto complainant, armed with iron pipes etc., and assaulted the de facto complainant with iron pipes after spraying chilly powder into his eyes. It is alleged that owing to the attack by the petitioners and the other accused, the de facto complainant suffered a fracture on his left knee. It is also alleged that the de facto complainant suffered other injuries also.

4. Learned counsel for the petitioners submits that the petitioners are absolutely innocent in the matter. It is submitted that the 3rd accused in the case has already been granted regular bail by the learned Magistrate. It is submitted that the petitioners are implicated only on the basis of the statement given by the 3rd accused. It is submitted that the incident occurred in the month of August 2021 and the detention of the petitioners is not necessary as the investigation in the matter is almost completed.

5. I have heard the learned Public Prosecutor also.

Learned Public Prosecutor takes me through the First Information Statement of the de facto complainant and submits that the allegations against the petitioners are serious. It is submitted that the 3rd accused in the case was granted regular bail and was not granted any anticipatory bail. It is submitted that the interrogation of the petitioners is necessary for the proper investigation into the matter. It is submitted that recovery of the weapons used for attacking the de facto complainant is yet to be effected.

6. Having regard to the facts and circumstances of the case, I am of the view that the petitioners can be released on bail by making it clear that a limited custody will be available to the prosecution.

In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.726/2021 of Vadakkekkad police Station subject to the following conditions:-

(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;

(ii) Petitioners shall appear before the investigating officer in Crime No.726/2021 of Vadakkekkad Police station at 09.00 am on 24.01.2022 and 25.01.2022 and thereafter, as and when summoned to do so. The petitioners shall co-operate with the investigation in every manner;

(iii) The petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 726/2021 of Vadakkekkad police station;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.726/2021 of Vadakkekkad police station may file an application before the jurisdictional Court, for cancellation of bail.