ORDER

This is an application filed under Section 438 of the Code of Criminal Procedure, by the first accused in Crime No. 636/2021 of Kothamangalam Police Station. The petitioner and another face allegations under Sections 294(b), 324, 326, 506 read with 34 of the Indian Penal Code.

2. The learned counsel for the petitioner submits that he had reached the place of occurrence on being alerted by the second accused, his friend, that the defacto complainant and others had surrounded him; on getting knowledge about it, he reached the place and skirmish followed; in the skirmish the defacto complainant fell down and sustained injuries on his shoulder. He has not suffered any serious injuries. There was no premeditation on his part; in fact the defacto complainant and his gang were attacking himself and his friend. He is prepared to co- operate with the investigation, that custodial interrogation is not necessary.

3. I heard the learned Public Prosecutor also. Also summoned and perused the case dairy.

4. The crime was registered on the strength of the First Information Statement given by one Mahesh, who is working as Confidential Assistant in Vigilance Office, Idukki. That day, himself and his friends were returning after visiting Boothathankettu. On the way, a motor bike hit behind their car, but its rider rode away; they chased the bike and intercepted him, then the bike rider telephoned and called another person and both of them attacked and injured him. The person who reached there in the autorickshaw took a spade and hit him with the spade and caused him injuries.

5. The wound certificate indicates that the defacto complainant had suffered a fracture on the left wrist.

6. The second accused has already been granted anticipatory bail by this Court. Perusal of the case dairy indicates that the spade as well as the helmet allegedly used by the assailants for attacking and injuring the defacto complainant besides the autorickshaw and the motor cycle have already been seized by the police.

7. In the nature of such allegations, custodial interrogation is warranted only for the purpose of seizing the material objects and weapon of offence. The vehicles and the weapons have already been seized; the petitioner does not have any criminal antecedents. In the circumstances, his custodial interrogation cannot be insisted upon.

8. The petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation; shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.

The bail application is allowed as above.