The petitioners herein are arrayed as accused no.4 and 5 in

crime No.574/2018 of Kannur City Police Station for offences

punishable under Sections 143, 147, 148, 341, 323, 324 and 326

r/w. 149 IPC.

2.

The allegation of the prosecution is that on an

allegation that the defacto complainant and others who were

riding on a motorcycle did not permit the petitioners to overtake

the vehicle, they informed their friends, who reached the spot

and assaulted the defacto complainant and his friends. It is

alleged that the first accused wrongfully restrained the defacto

complainant and the second accused punched on the nose with

an iron block. The fourth accused allegedly hit with an iron rod

and the fifth accused hit with a wooden piece. He sustained an

injury on the nasal bone and the friend also sustained some

injuries. Pursuant to the F.I.S laid crime was registered and the

petitioners seek bail.

3.

It emerges that the main overt act is attributed to

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accused no.2. It seems that some of the co-accused are juveniles.

The petitioners are the persons who instigated the remaining

accused who committed the crime. Though there are allegations

of use of iron rod and stick by the petitioners herein, very

serious corresponding injuries are not seen inflicted. They have

no criminal background also.

4.

Having considered these facts, I am inclined to grant

the benefit of pre-arrest bail to the petitioners herein on the

following conditions:

(i)

The petitioners are directed to surrender before the

investigating officer within ten days from today. After

interrogation and identification, if any, if the petitioners

are proposed to be arrested, they shall be released on bail

on executing a bond for a sum of 40,000/- (Rupees forty

₹

thousand only) each with two sureties for the like sum each

to the satisfaction of the jurisdictional Court.

(ii)

They shall surrender their passports within 7 days from the

date of execution of bond or if they are not in possession of

the passports, file an affidavit within seven days before the

jurisdictional magistrate. The further directions regarding

its release can be done by the jurisdictional court.

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(iii) They shall appear before the Investigating officer on all

Mondays and Fridays between 9.00 a.m. and 10.00 a.m. for

a period of three months from the date of execution of the

bond.

(iv) They shall not threaten, coerce or intimidate the defacto

complainant or the witnesses.

(v)

They shall not get involved in any other crime.

Sd/-

SUNIL THOMAS

shg

JUDGE