Young age and absence of prior offenses can justify bail, especially where allegations are based on oral testimony and no injury occurred.

O R D E R

The petitioners are the accused in Crime No. 114/2016 of Perambra Police Station for offences punishable under Sections

323, 341, 353, 308 read with Section 34 IPC .

2. According to the defacto complainant, who is the A.S.I.

of Police attached to the Perambra Police Station, on 14.02.2015 at 7.30 p.m., he had gone to the locality in connection with an enquriy in a complaint. While he was enquiring from the 1st petitioner herein, the other petitioners intervened. It appears that, he was not in uniform but he disclosed his identity. Thereafter it is alleged that the accused abused him and the 1st accused caught hold of the dress of the Police Officer, which was torn. The 2nd accused allegedly took a granite piece and attempted to hit against the head of the defacto complainant. He moved to one side, hence he did not sustain injury. Contenting that had he not moved to one side he would have sustained fatal injuries, complaint was laid. The petitioners apprehending arrest, seek bail.

3. It appears that, the petitioners had intervened in the official functioning of a Police Officer. It appears that, he had disclosed his identity also. Though there is an allegation constituting offence under Section 308 , no injury has been caused to the Police Officer. The petitioners are in the age group of 18 to

19 years. They are not seen involved in any other case.

Having regard to the young age of the petitioners and further that the allegation of the defacto complainant is essentially a matter depending on the oral testimony of the defacto complainant, I feel that, custodial interrogation of the petitioners can be avoided. Hence the bail application is allowed as follows:

(i) The petitioners shall appear before the Investigation Officer within 10 days from today and shall undergo interrogation. Thereafter if they are proposed to be arrested, they shall be released on bail, on each of the petitioner executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.

(ii) They shall appear before the Investigating Officer on all Mondays and Saturdays between

9.00 a.m. and 10.00 a.m. for a period of two months from the date of execution of the bond as above.

(iii) They shall not threaten the defacto complainant, coerce or intimidate the witnesses and shall not in any manner interfere with the investigation.