The petitioner is the accused in Crime No.522/2014 of Guruvayoor Police Station, Thrissur District. Offences alleged are under sections 341, 323, 324, 308, 354 and 294(b) of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The allegation is that on 5.4.2014 at 10.30 am the accused wrongfully restrained the complainant and beat on the head of the complainant with liquor bottle and after it was broken he again hit at the neck of the complainant causing injury. When his mother tried to intervene she was also assaulted by the accused and she also sustained injury.
3. The learned counsel for the petitioner submits that the defacto complainant was actually a drug addict and there was complaint against him stating that he was not allowing the petitioner herein from doing his duty as collection agent of Co-operative Bank. It is stated that the complainant had at first attacked the accused and at that time the incident happened and there is nothing to show that the petitioner did it with intention to commit culpable homicide.
4. Considering all the aspects the following directions are issued:
The petitioner 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 petitioner but on the following conditions:
a. The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) 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 petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all alternate days between 9.30 AM to 11.30 AM until further orders.
c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he 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 petitioner 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.
g. Except for condition no.b, the petitioner shall not enter the limits of Guruvayoor Police Station.
Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj