ORDER

Dated this the 14th day of June 2021 APPLICATION FOR ANTICIPATORY BAIL The applicants are accused Nos.1 to 3 in Crime No.283/2021 of Naruvamoodu Police Station for having allegedly committed offences punishable under Sections 294(b), 323, 324, 326, 447, 506(1), read with Section 36 of the IPC.

2. The prosecution case, in brief, is that on 19.03.2021, at about 7.30 p.m., the applicants trespassed into the compound of the house of the de-facto complainant, who is their neighbour and due to prior enmity towards him, hurled abuses at him and then A1, using a granite stone wrapped in a cloth, hit the de-facto complainant on his forehead and thereafter, the second accused took that stone and hit the de- facto complainant on his forehead and face several times, causing a fracture to his frontal bone and also resulted in losing two of his teeth, and thus voluntarily caused grievous hurt. The third accused who is the father of accused Nos.1 and 2 had throughout been instigating them to attack the de-facto complainant. The de-facto complainant sustained grievous hurt and thus the crime was registered.

3. The applicants state that the allegations are not true.

The applicants are all army veterans and they have some dispute with the de-facto complainant who used to constantly create nuisance in an inebriated condition, harassing the applicants and their families. It is stated that the de-facto complainant had on the very same date, in an inebriated condition attacked the applicants and their mother and caused injuries to them as is evident from Annexures - 3, 4 & 5. The applicants had, in fact, even intimated the assault to the police by calling them by about 8.11 p.m., as is evident from Annexure 7. It is stated that the de-facto complainant was the aggressor and in an inebriated condition, he must have sustained the injuries noted.

4. Apart from the allegation that applicants 1 and 2 had used a granite stone wrapped in a cloth, there is no other allegation regarding the applicants using a dangerous or deadly weapon to assault the de-facto complainant. Injuries are not life-threatening too. The applicants are willing to co-operate with the investigation and being ex-servicemen, they are not likely to flee from justice, and therefore the applicants seek pre-arrest bail. Their application for pre-arrest bail was rejected by the Sessions Court and hence they seek the indulgence of this Court.

5. After having heard both sides, I find that the applicants are veteran soldiers without any criminal antecedents. The weapon which is used by accused Nos.1 and 2 is a stone wrapped in cloth. It cannot be described as a deadly or dangerous weapon. But nevertheless, it is capable of causing the grievous hurt which was caused to the de-facto complainant as is evident from the records. A crime has also been registered against the de-facto complainant as Crime No.284/2021 for having assaulted applicants 1 and 2 and their mother. There is a case and a counter case and there is no possibility of the applicants fleeing from justice. Considering the pandemic situation, I do not find it necessary to incarcerate the applicants for the purpose of investigation. They are willing to co-operate and hence the application is allowed.

8. The applicants directed to surrender before the Investigating Officer within three weeks. In the event of their arrest, after interrogation or recovery if any, they shall be released on bail on the execution of bond for Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties each for the like amount to the satisfaction of the Arresting Officer on following further conditions:

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

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

(iii) 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 can