Petitioners are accused in Crime No.526/2014 of Attingal Police Station, Thiruvananthapuram District. Offences alleged are under sections 294(b), 341, 323, 324 and 354 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that on 19.04.2014 at 9.30 pm the accused persons wrongfully restrained the complainant and his wife, who were travelling on a motor cycle. A1 caught hold of the churidar worn by the wife of the complainant and slapped on her face and pushed the complainant and A3 caught hold of the shirt and fisted on the back of the complainant.
3. The learned counsel for the petitioners submits that section 354 of IPC has been introduced with the sole object of causing unnecessary hardship to the petitioners. It is stated that there was dispute with regard to the phone call made by somebody to the mother of the 1st accused alleging that the phone number was supplied to that person by the defacto complainant and that was questioned and so there was enmity. The parties are neighbours.
4. Considering all the aspects the following directions are issued:
The petitioners shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioners but on the following conditions:
a. The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The petitioners shall make themselves available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c. The petitioners shall surrender their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.
d. The petitioners will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and will 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 from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The petitioners shall not leave India without the prior permission of the learned Magistrate.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj