Sunil Thomas, J.:— The petitioners are the accused in Crime No. 1072/2015 of Erumapetty police station for offence punishable under Sections 143, 147, 148, 341, 323, 324 & 326 read with Section 149 IPC.
2. The allegation of the prosecution is that due to a previous enmity, on 29/10/2015 at about 10 p.m, while the defacto complainant was returning from his shop, he was attacked by the petitioners along with two other accused armed with iron pipe and the first accused hit on his body aimed at the head. Since, he moved to one side, other accused caught hold of him and the first accused hit on his leg. He sustained fracture injury and was taken to the hospital. FIS was laid and crime was registered. The petitioners contended that the defacto complainant is involved in several other cases and a false case has been foisted against them. Prima facie, it appears that on the date of the incident itself, the defacto complainant had gone to the hospital and got admitted there. He has sustained fracture on the left leg as seen from the body note as well as the discharge summary which is available in the CD. Having regard to the specific overt act against the first accused and that if pre arrest bail is granted to the first accused, the further investigation may be hampered, I am not inclined to grant the benefit to him. However, the allegation against the accused 2 and 3 is comparatively less, though all the accused are sought to be roped in with the aid of Section 149 IPC. Hence, I am inclined to grant bail to accused Nos. 2 and 3.
3. Bail application is allowed in part as follows:
i) Anticipatory bail application of the first accused viz. the first petitioner, is refused.
ii). The petitioners 2 and 3 who are accused 2 and 3 are granted bail subject to the following conditions:
(a). They shall appear before the investigating 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 they executing bonds for a sum of Rs. 40,000/- each (Rupees forty thousand) with two sureties each.
(b). They shall appear before the investigating officer on all Mondays and Thursdays between 10 a.m to 11 a.m for a period of two months from the date of executing bond as above.
(c). They shall appear before the investigating officer as and when called for and shall co-operate with the investigation.
(iii). He shall not threaten, coerce or intimidate the witnesses.