Petitioners are accused nos 1 to 3 in Crime No.1089/2014 of Karunagappally Police Station, Kollam District. Offences alleged are under sections 143, 147, 447, 294(b), 323 and 354 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that on 1.4.2014 at 5.00 pm the petitioner along with others trespassed into the property of the complainant and attacked the defacto complainant and her daughter and they also outraged the modesty of the complainant.
3. It is submitted by the learned counsel for the petitioners that the 3rd petitioner was attacked by the complainant and others and the 3rd petitioner was admitted in the hospital. 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 and Fridays 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.
jjj //True Copy// P.A. to Judge Sd/-
N.K. BALAKRISHNAN, JUDGE