O R D E R

The petitioners are accused in Crime No.39/2022 of Kodumon Police Station, Pathanamthitta District alleging commission of offences under Sections 143, 147, 148, 149 & 332 of the Indian Penal Code.

2. The allegation against the petitioners is that owing to certain disputes relating to election to a Service Co-operative Bank, a large number of persons had assembled and the petitioners had pelted stones as result of which certain police officials including the de facto complainant sustained injuries.

3. The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that the petitioners had no occasion to hurt any of the police officials assembled there and actually the petitioners were injured in the scuffle by certain rivals. It is submitted that the petitioners were thereafter falsely implicated. It is submitted that at any rate the injuries suffered by the de facto complainant are not serious and only a minor injury was occasioned to the de facto complainant.

4. The learned Public Prosecutor vehementally opposes the grant of bail. It is pointed out that each of the petitioners had criminal antecedents. It is submitted that a deep wound was occasioned to the forehead of the de facto complainant owing to the pelting of the stones by the petitioners and others.

It is submitted the petitioners are clearly guilty of the offences alleged against them.

5. The learned counsel appearing for the petitioners would submit that the petitioners are active political workers and the earlier cases registered against them relate to issues arising out of their political activities. It is submitted that those criminal antecedents may not be a ground to reject their application for anticipatory bail.

6. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am view that custodial interrogation of the petitioners is not necessary for a proper investigation into Crime No.39/2022 of Kodumon Police Station. I am of the view that the petitioners can be granted anticipatory bail subject to conditions.

In the result, this bail application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in connection with Crime No.39/2022 of Kodumon Police Station subject to the following conditions:-

(i) Petitioners shall execute separate bonds for sums of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioners shall report before the Investigating officer in Crime No.39/2022 of Kodumon Police Station at 10 a.m 18-03-2022 and thereafter as and when called upon to do so;

(iii) Petitioners shall not interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.39/2022 of Kodumon Police Station;

(iv) 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.39/2022 of Kodumon Police Station may file an application before the jurisdictional Court for cancellation of bail.