ORDER

This is an application for anticipatory bail.

2. The petitioners are the accused in Crime No.1864/2021 of Maranalloor Police Station, Thiruvananthapuram District alleging commission of offences under Sections 323, 324, 506(i), 308 & 34 of the Indian Penal Code and Section 27 of Arms Act.

3. The allegation against the petitioners is that they trespassed into the property of the de facto complainant, on 10.10.2021 at about 8 p.m., and assaulted the de facto complainant and his friend Rohit, who had tried to prevent the attack. The 2nd accused is alleged to have used a knife and the 1st accused is alleged to have used a sword with an attempt to kill the de facto complainant. It is alleged that the 1st accused, using the sword, had inflicted an injury on the backside of the left ear of the de facto complainant.

4. The learned counsel for the petitioners submits that the de facto complainant's brother had attacked the mother of the 1st petitioner. It is submitted that the mother of the 1st petitioner is an elected member of the Maranalloor Panchayat and the attack by the brother of the de facto complainant was solely on account of political reasons. It is submitted that, following a private complaint, Crime No.1895/2021 has been registered against the brother of the de facto complainant as is evidenced from Annexure-A3 FIR. It is submitted that filing of the complaint, which led to registration of Crime No.1864/2021 is nothing but a counter blast. It is also submitted that the petitioners have no criminal antecedents.

5. I have heard the learned Public Prosecutor also, who submits that there are serious allegations against the 1st petitioner. It is submitted that since there is an allegation that the 1st petitioner used a sword to inflict injury on the de facto complainant, recovery is absolutely essential. It is also submitted that the wound certificate in respect of the de facto complainant suggests that the allegations made by him are substantially correct.

7. Having regard to the facts and circumstances of the case, I am of the view that petitioners 2 and 3 can be granted anticipatory bail subject to conditions. In so far as the 1st petitioner is concerned, he can be directed to surrender before the investigating officer with a condition that the he shall be produced before the jurisdictional Magistrate on the date of surrender itself.

8. In the result, this application for anticipatory bail is partly allowed. It is directed that the petitioners 2 and 3 shall be released on bail in the event of arrest in Crime No.1864/2021 of Maranalloor Police Station, subject to the following conditions:-

(i) The petitioners 2 and 3 shall execute bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioners 2 and 3 shall report before the investigating officer in Crime No.1864/2021 of Maranalloor Police Station at 11 a.m., on every every Saturday at 11 a.m until further orders;

(iii) The petitioners 2 and 3 shall co-operate with the investigation in connection with Crime No.1864/2021 of Maranalloor Police Station;

(iv) The petitioners 2 and 3 shall not influence or intimidate the de facto complainant or any witness in Crime No.1864/2021 of Maranalloor Police Station;

(v) The petitioners 2 and 3 shall not involve in any other crime while on bail.

9. If any of the aforesaid conditions are violated, the investigating officer in Crime No. 1864/2021 of Maranalloor Police Station, Thiruvananthapuram District may file an application before the jurisdictional Court, for cancellation of bail.

In so far as the 1st petitioner is concerned, it is directed that, if the

1st petitioner surrenders before the investigating officer in Crime No.1864/2021 of Maranalloor Police Station, on or before 20.1.2022, his arrest shall be recorded and he shall be produced before the jurisdictional Magistrate on the same day. If any bail application is filed by t