The petitioner is the sole accused in Crime No.664/2014 of Alakode Police Station, Kannur district, registered for offences under Sections 341, 323, 354, 294(b) and 506(1) of IPC. The prosecution version is that on 10.9.2014, the lady defacto complainant herein was riding a scooter with her father as pillion rider and while so, at about 6.30 p.m, when the vehicle reached near the ATM counter of the State Bank of India, Perumbadavu Branch, the petitioner stopped the scooter and caught hold of the hand and shall of the defacto complainant and abused and threatened her and her father. The defacto complainant and scooter had fallen down in the incident and the motive alleged as per the complaint is that the petitioner's father interfered in a dispute between the petitioner and the father of the defacto complainant. Sri.V.A.Satheesh, the learned counsel for the petitioner would strongly urge that the entire allegations raised against the petitioner are false and that the petitioner had raised some serious financial disputes with the defacto complainant's father and that on 10.9.2014, at about 7.30 p.m., the petitioner was in fact attacked by the father of the defacto complainant herein, who was then accompanied by the defacto complainant and that he had beaten on the head of the petitioner with an iron rod resulting in an injury on the frontal area of his head and that he was taken for treatment in a hospital and these aspects are referred to in Annexure A1, which shows the nature of the injury, etc. The learned counsel for the petitioner would further submit that the instant crime has been triggered only to enable the defacto complainant and her father to wriggle out of the situation that arose out of the incidents stated above. The petitioner would submit that the petitioner is innocent of the allegations and that his plea of pre-arrest bail may be allowed in the interests of justice and that he is prepared to comply with any strict conditions that may be imposed by this Court, etc. 2. The learned Public Prosecutor would submit that the investigation is almost complete and in case this Court is inclined to grant anticipatory bail to the petitioner, then sufficient safeguards may be incorporated so as to protect the interests of the prosecution.
3. Having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and having due regard to the facts and circumstances of this case, this Court is inclined to grant the relief of pre-arrest bail to the petitioner in this case, subject to conditions to protect the interests of the prosecution. Accordingly, it is ordered that in the event of the arrest of the petitioner herein in connection with the above said crime, he shall be released on bail on his executing a bond for Rs. 35,000/- (rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer in the above crime and subject to the following conditions:
(i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate concerned within 3 days from the execution of the bail bond before the Investigating Officer and if he is not a holder of passport, then he shall file an affidavit to that effect in the said court. If the petitioner requires his passport in connection with his travel abroad, then he is free to approach the court below concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v. State of Kerala, reported in 2009 (2) KLT 712, notwithstanding the aforementioned conditions imposed by this Court.
(ii) The petitioner shall not involve in any criminal offence of similar nature or graver in nature.
(iii) The petitioner shall co-operate with the investigation and report before the investigating officer as and when required.
(iv) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
If the petitioner violates any of the conditions as ordered above, then the bail granted to him is liable to be cancelled.
With the above said directions, this Bail Application stands finally disposed of.
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sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge Accordingly, it is ordered that in the event of the arrest of the petitioner herein in connection with the above said crime, she shall be released on bail on her executing a bond for Rs. 35,000/- (rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer in the above crime and subject to the following conditions:
(i) The petitioner shall surrender her passport, if any, before the jurisdictional Magistrate concerned within 3 days from the execution of the bail bond before the Investigating Officer and if she is not holder of passport, then she shall file an affidavit to that effect in the said court. If the petitioner requires her passport in connection with her travel abroad, then she is free to approach the court below concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v. State of Kerala, reported in 2009 (2) KLT 712, notwithstanding the aforementioned conditions imposed by this Court.
(ii) The petitioner shall not involve in any criminal offence of similar nature or graver in nature.
(iii) The petitioner shall co-operate with the investigation and report before the investigating officer as and when required.
(iv) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
If the petitioner violates any of the conditions as ordered above, then the bail granted to her is liable to be cancelled.
With the above said directions, this Bail Application stands finally disposed of.
sdk+ ALEXANDER THOMAS, JUDGE