Petition filed under Section 438 Cr.P.C.
Petitioners are accused in Crime No. 295/2014 of Munnar Police Station which has been registered for the offences under Sections 323, 354, 448 and 506(1) read with Section 34 I.P.C.
2. The prosecution case is that at 4.00 in the evening on 05.03.2014, the petitioners trespassed into the room in which the de facto-complainant was residing, threatened to cause her death, assaulted her and outraged her molesty. The learned counsel for the petitioners submits that the allegations are not believable; having regard to the facts of the case and the petitioners are innocent.
3. Heard both sides.
4. The facts of the case indicate that this is only an assault case. It is doubtful whether Section 354 I.P.C. is attracted. The other offences are minor offences. Having regard to this facts, I am inclined to grant the prayer of the petitioners.
In the result, this application is allowed.
B.A. No. 3939 /2014 2
1. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.
2. They shall appear before the Investigating Officer for interrogation if they are for required by him in writing.
3. They shall not destroy or tamper with evidence.
4. They shall not harass the de facto-complainant or her relatives.
5. This order is not applicable if the petitioners choose surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
SD/-
K. ABRAHAM MATHEW JV JUDGE //TRUE COPY// P.A. TO JUDGE