ORDER

Dated this the 27th day of January, 2021 APPLICATION FOR ANTICIPATORY BAIL The applicants are accused Nos.2, 6, 7, 9, 12 and 13 in Crime No.1378 of 2020 of Hosdurg Police Station, Kasargod, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324 r/w Section 149 of the IPC and Section 3 read with 5 of Kerala Prevention of Damage to Private properties and Payment of Compensation Act. Subsequently, offence under Section 326 of the IPC has also been incorporated, for having caused a fracture to the legs of the defacto complainant. The prosecution case, in brief, is this:

2. On 16.12.2020, at about 4.00 PM, the applicants, who were members of an unlawful assembly and in prosecution of the common object of that unlawful assembly, to wreak political vengeance, they attacked the defacto complainant with dangerous weapons like cricket bats, stumps and stones and caused grievous hurt to the defacto complainant by causing a fracture to his leg. The weapons have not been recovered. The applicants state that they are willing to co-operate with the investigation. And, therefore, seek pre-arrest bail.

3. Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. The learned Public Prosecutor points out that the fracture injury was caused to the defacto complainant by A6, who used a stump to hit his leg, as a result of which, a fracture injury was caused to his leg. The 2nd accused was also using a dangerous weapon like a bat. The other accused did not have any weapon. Moreover, it is also pointed out that A6 has another crime registered against him.

And, therefore, has criminal antecedents.

4. After having heard the submissions on both sides, I find that A6 is not entitled to anticipatory bail, since he is the main perpetrator of the crime and has caused grievous injury to the defacto complainant. He will have to be subjected to custodial interrogation and recovery of the weapon. The others do not have any criminal antecedents and their role is minimal.

And, therefore, they are entitled to a pre-arrest bail.

5. In the result, the application for bail is allowed-in-part and the applicants are directed to surrender before the Investigating Officer within two weeks. In the event of their arrest, they shall be subjected to interrogation and after recovery, A6 shall be produced before the jurisdictional court, where he is liberty to apply for a regular bail, which shall be considered and preferably disposed of on the very same day. The others shall be released on bail on the execution of bonds for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each to the like amount to the satisfaction of the Investigating Officer and on following conditions:

(i) They shall deposit a sum of Rs.2000/- each before the jurisdictional court.

(ii) They shall appear before the Investigating Officer as and when called for.

(iii) They shall not intimidate or influence witnesses and tamper with evidence.

(iv) They shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed-in-part.