O R D E R

Petitioners are accused no.1 & 3 in crime no. 258/2022 of Maranallor Police Station, and they seek the relief of anticipatory bail in this petition filed under Section 438 of Cr.PC.

2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

3. Here the prosecution alleges that, on 20.04.2022, the accused herein abused and threatened the defacto complainant after sharing common intention. The further allegation is that he brandished a chopper and threatened the defacto complainant. Thus non-bailable offence under Section 27 of the Arms Act is also incorporated among other bailable offences under the IPC.

4. The learned Counsel for the petitioners submitted that the petitioners are innocent and without any justification, police incorporated offence under Section 27 of the Arms Act to arreset the petitioners and detain them in custody. Therefore he pressed for granting anticipatory bail with offer to co-operate with the investigation.

5. The learned Public Prosecutor has placed the report of Investigating Officer. He submitted that A2 was arrested and investigation is going on and he opposed the bail.

6. On going through the prosecution allegations as could be read out from the report of the Investigating Officer, whether the place of occurrence is a notified area under the Arms Act is not specified. Having noticed the allegations, I am of the view that positive investigation can be had even without custodial interrogation. Therefore the petitioners can be enlarged on bail on conditions with a direction to co-operate with the investigation.

In the result, this petition is allowed on the following conditions:-

i. The petitioners shall surrender before the Investigating Officer on or before 20.05.2022 between 9 a.m and 11 a.m. on such surrender, the Investigating Officer can interrogate the petitioners and can recover the weapon, if any, at the instance of the petitioners in the event of their arrest, the petitioners shall be produced before the jurisdictional court on the day of arrest itself. On such production, the jurisdictional Magistrate shall release the petitioners on bail, on executing bonds for Rs.50,000/-(Rupees Fifty thousand) each with two solvent sureties, each for the like sum to the satisfaction of the jurisdictional Magistrate. In case the petitioners fail to surrender before the Investigating Officer, the Investigating Officer is at liberty to arrest the petitioners forthwith.

ii. The petitioners shall co-operate with Covid-19 restrictions.

iii. The petitioners shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed, till the final report is filed. The first accused is specifically directed to co-operate with the investigation in the matter of recovery as well.

iv. The petitioners, shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioners are specifically directed not to involve in any crimes during the currency of bail and any such involvement or violation of the above conditions, if reported or came to the notice of the court will be a reason to cancel the bail hereby granted.