The grant of anticipatory bail under CrPC Section 438 is contingent upon the assessment of injury severity and the accused's background.

ORDER

1.This application is filed by the applicants under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with the FIR, being Crime No.413 of 2018, registered with Ollur Police Station, for offence punishable under Sections 143, 147, 148, 341, 323, 324 and 308 r/w Sec. 149 of the IPC. They have been arrayed as the accused No.1 to 7 in the said crime.

2.On 5.4.2018 at about 7.45 p.m., the accused are alleged to have wrongfully restrained the de facto complainant and others and attacked them with weapons causing injuries.

3.The learned counsel appearing on behalf of the applicants submitted that the allegations levelled against them are false and frivolous. Though it is alleged that accused Nos.1 & 2 were armed with weapons, no serious injuries were sustained.

4.The learned public prosecutor has very emphatically opposed the submissions. He has made available the case diary.

Having gone through the case diary, it does not appear to me that any serious injuries were sustained by the victim. The injuries sustained are only minor abrasions. It is not reported that the applicants are persons with criminal antecedents.

5.After considering the nature and gravity of the allegations, the the severity of injuries inflicted, the antecedents and attendant facts, it does not appear that custodial interrogation of the applicants is warranted in the instant case.

6.In the result, this application will stand allowed. The applicants shall appear before the investigation officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) each with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

i)The applicants shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m., for one month or till final report is filed, whichever is earlier.

ii)The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.

iii)The applicants shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.