O R D E R

Accused nos.1, 4, 6 & 7 in crime No.475/2022 of Pandalam Police Station seeks anticipatory bail in this petition.

2. Heard the learned Counsel for the petitioners and the Public Prosecutor.

3. The specific allegation of the Prosecution is that the accused herein who are followers of ABVP, a students union, due to previous animosity, assaulted the defacto complainant, and others who are members of SFI, another students union, with the intention to do away them. The prosecution alleges commission of offences under Section 143, 144, 147, 148, 506(ii), 341, 323, 324, 308 read with 149 of the IPC. The specific allegation is that the first accused used an iron rod to beat the defacto complainant on his head, but the same was evaded and thereby the attempt failed.

4. Learned Counsel for the petitioners submitted that the petitioners are innocent and the occurrence is the outcome of clash between two rival students union of the college and the petitioners are attending annual examination, which started on 10.05.2022. It is submitted that the allegations are false and arrest and custodial interrogation of the petitioners are not necessary to effectuate the investigation, further. The learned Counsel offered co-operation in the matter of investigation and prayed for pre-arrest bail.

5. Whereas the learned Public Prosecutor seriously opposed the bail highlighting necessity of recovery of weapons alleged to be used by accused nos. 1 & 2. The available materials would go to show that A1 used an iron rod to beat the defacto complainant. Similarly there is allegation against the 2nd accused that he had brandished a knife. As far as the other accused are concerned, there is no allegation that they have used any weapons. No documents are available to see that the defacto complainant or anybody else sustained any injuries in this case, though there is recitals in the FIR as to cause of injuries on the left side of the head. Going by the facts of this case, in the context of clash between students union, I am of the view that the petitioners can be enlarged on anticipatory bail with a direction to co-operate with th investigation by subjecting themselves for interrogation and recovery of weapons if any.

Accordingly the petition is allowed.

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 and 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.