ORDER

This is an application for anticipatory bail.

2. Petitioners are accused in the Crime No.585 of 2022 of Pathanamthitta Police Station registered for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 427 r/w 149 of IPC.

3. The prosecution case is that the petitioners are volunteers of Omalloor Rakthakanda Swamy Temple during the Festival week and the defacto complainant and others who are members of the DYFI had trespassed into the temple and ransacked the temple premises. The petitioners and other volunteers had stopped them and subsequently there was wordy quarrel which developed into a clash between members of DYFI and Temple Volunteers. Further allegation is that defacto complainant lost his gold chain and Elas causing a damage of Rs.40,000/-.

4. The petitioners submit that they were falsely implicated in the said crime and further there is also a counter case registered on the complaint filed by the 3rd accused which is registered as Crime No.598 of 2022 of Pathanamthitta Police Station.

5. The learned Public Prosecutor opposed the application for bail. It is seen that as per the case of the prosecution, it is the 7th accused who used an iron rod and caused the injuries to the defacto complainant. No serious overt act are alleged against the other accused.

6. Having considered the rival contentions, and having regard to the facts and circumstances of the case, and considering the nature of the allegations against the petitioners, I feel that all the petitioners except the 7th petitioner against whom serious overt act as alleged, can be granted pre-

arrest bail.

In the result, this application is allowed in part. It is directed that the petitioners 1 to 6 shall be released on bail, in the event of arrest in Crime No.585 of 2022 of Pathanamthitta Police Station subject to the following conditions:-

(i) Petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the likesum to the satisfaction of the Arresting officer ;

(ii) Petitioners shall appear before the investigating officer in Crime No.585 of 2022 of Pathanamthitta Police Station as and when summoned to do so;

(iii) The petitioners shall not attempt or interfere with the investigation or to influence or intimidate any witness in Crime No.585 of 2022 of Pathanamthitta 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.585 of 2022 of Pathanamthitta Police Station may file an application before the jurisdictional Court, for cancellation of bail Bail Application as against the 7th petitioner/accused is rejected.