The petitioner is the sole accused in Crime No. 320/2014 of Naruvamoodu Police Station, Thiruvananthapuram district, for offences registered under Sections 451, 294(b), 506(1), 324, 323 and 354 of IPC. The prosecution case is that on 21.8.2014 at about 5.45 p.m. the petitioner uttered filthy and abusive language and trespassed into the property of the lady defacto complainant and threated that if she and her family continue the penthacostal prayers conducted in their house, he will kill them and he shouted to the two daughters of the defacto complainant and when she intervened to resolve the issue, he abused her also and hit her head with a bicycle and when the elder daughter tried to prevent the accused, he had slapped on her face and, thereby he committed the offence. Sri.Sri.R.Gopan, the learned counsel for the petitioner would submit that the petitioner is innocent of the allegations and he has been falsely implicated as it emanates from other issues, as the petitioner is the immediate neighbour of the defacto complainant. The learned counsel for the petitioner prays that pre- arrest bail may be granted to the petitioner. 2. The learned Public Prosecutor would submit about the details of registration of the case and further submitted that the investigation of the case is still going on and that in case this Court is inclined to grant the plea of pre-arrest bail to the petitioner, then sufficient stringent safeguards may be ordered to ensure that the petitioner, who is living in the immediate neighbourhood of the defacto complainant and who is having bed-ridden husband, is not threated or intimated in any manner by the petitioner and that there is no occasion for him to intimidate or influence the defacto complainant and her daughters, who are the victims and who had witnessed the incidents.
3. Having regard the submissions of both sides and on an evaluation of the totality of the facts and and circumstances of the case, this Court is convinced that though pre-arrest bail could be granted, necessary strict safeguards should be made so that possibility of the petitioner repeating such instances against the lady defacto complainant and her daughters and the possibility of his threating or intimidating them, etc. is abated. 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 the petitioner 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 report before the Investigating Officer in the above said crime between 10 a.m. and 11 a.m. on every alternate Sundays.
(iii) The petitioner shall not involve in any criminal offence of similar or graver in nature.
(iv) The petitioner shall co-operate with the investigation and report before the investigating officer as and when required.
(v) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
It is further ordered that until the submission of the final report or until 31.1.2015, whichever is later, the investigating officer shall depute a Woman Police Constable (not in uniform) to the house of the lady defacto complainant on a fortnightly basis and ascertain from her as to whether she is facing any threat or any other intimidation etc. from the petitioner and if the investigating officer, after conducting sufficient enquiries, is convinced about the correctness of any such complaints that may be raised by the defacto complainant, then he shall file appropriate report in that regard along with necessary application for cancellation of the bail granted to the petitioner and such application and report are to be filed in these proceedings.
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, the Application stands finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge