Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioners are accused in Crime No.576 of 2014 of the Santhanpara Police Station, Idukki District pending investigation for the offences punishable under Sections 294(b), 341, 323 and 354 r/w Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that when the husband of the de facto complainant had questioned the act of the petitioners in openly urinating in a public place, they attacked him and when the de facto complainant intervened for the rescue of her husband, she was also attacked. It is alleged that she was pushed down among the bushes, she was stamped on her belly and she was beaten up.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. Even though there was an allegation that the gold chain of the de facto complainant was snatched away and an offence under Section 394 Indian Penal Code was also incorporated, later, on investigation the said allegation was found to be false and thereby Section 394 Indian Penal Code has been deleted. Learned counsel for the petitioners has pointed out that earlier there was another incident in which the petitioners were attacked by the husband of the de facto complainant and others, for which Crime No.574 of 2014 of the Santhanpara Police Station was registered for the offences under Sections 294(b), 323 and 427 r/w Section 34 of the Indian Penal Code.
6. According to the learned counsel for the petitioners, the present crime is caused to be registered, in retaliation to the earlier crime just as a counter blast.
7. On a perusal of the wound certificate of the de facto complainant in the C.D, no external injuries could be found. Considering the facts and circumstances of the case and the registration of the other crime as Crime No.574 of 2014, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Fridays and Tuesdays commencing from 14.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge