The three petitioners herein are the accused Nos.1 to 3 in Crime No.2391/2014 of Mathilakam Police Station, Thrissur District registered for the offences alleged under Sections 452, 294(b), 506(ii), 323, 354, 427 r/w 34 IPC. The gist of the allegation against the petitioners is that on 11.10.2014 at about 8:00 pm petitioners have trespassed in to house of the defacto complainant and slapped on the neck and backside of the defacto complainant and thereafter assaulted him and attacked his wife and daughter with the intention to outrage the modesty and caused her hurt and glasses of the windows were broken and thus the petitioners have committed the aforementioned offences as alleged. Sri.Babu Karukapadath, learned counsel appearing for the petitioners, would submit that the petitioners have been falsely implicated in this crime due to the rivalry between them and defacto complainant. He would submit that there arose certain civil disputes in relation management of a temple and the defacto complainant had filed a civil suit against the petitioners herein as O.S.No.138/2014 on the file of the Sub Court, Irinjalakuda praying for creation of a trust for the management of the temple etc. In order to settle the disputes by mediation, the petitioners had visited the defacto complainant's house who during the discussion had got angry and he was dissuaded by his wife and daughter from quarrelling with the petitioners and the petitioners were advised to leave the home and later the aforementioned complaint has been triggered which led to the registration of the instant crime. Sri.Babu Karukapadath, learned counsel for the petitioners, would urge that the petitioners are innocent of the allegations and that this Court may grant the plea of pre-arrest bail in this case in the interest of justice and that the petitioners are ready to comply with any stringent condition that may be found just and necessary in the facts and circumstances of this case.
2. Having heard the submissions of the learned counsel for the petitioners and learned Public Prosecutor and on an evaluation of the facts and circumstances involved in this case, this Court is of the view that the plea of pre-arrest bail can be allowed in this case, but, with stringent conditions so as to protect the bonafide interest of the prosecution. Accordingly, it is ordered that in the event of the petitioners being arrested in connection with Crime No.2391/2014 of Mathilakam Police Station, they shall be released on bail on their executing a bond for ` 35,000/- (Rupees Thirtyfive Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the investigating officer concerned in the aforementioned crime. This order will be subject to the following conditions:-
i) The petitioners shall surrender their passport, if any, before the court below concerned within three days from execution of the bail bond before the investigating officer concerned and if either of them are not holders of passports, then they shall file affidavit to that effect in the said court. If the petitioners require their passport in connection with their travel abroad, then they are free to approach the court concerned for the release of the same and for necessary permission in that regard. In case if such an application is filed, the court below concerned 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 petitioners shall not involve in any criminal offence of similar nature.
(iii) The petitioners shall co-operate with the investigation and report before the investigating officer as and when required.
(iv) The petitioners shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
If the petitioners fail to comply with any of the conditions as ordered above, the bail granted to them are liable to be cancelled.
The anticipatory bail application stands disposed of as above.
bkn/-
ALEXANDER THOMAS, Judge.