Petition filed under Section 438 Cr.P.C.
Petitioners are accused in Crime No. 620/2014 of Thiruvalla Police Station which has been registered for the offences under Sections 323, 341, 354 and 506(1) read with Section 34 I.P.C.
2. The allegation against them is that at about 6.45 p.m. on 30.03.2014, they wrongfully confined the de facto-complainant at her residence and assaulted her and her husband with hands. The submission of the learned counsel for the petitioners is that the facts of the case do not attract Section 354 I.P.C.
3. Heard.
4. In the incident alleged by the prosecution, the petitioners assaulted the de facto-complainant who is a woman and her husband. There is nothing to show that they committed the offence under Section 354 I.P.C., prima facie.
Having regard to these facts, I am inclined to grant their prayer.
B.A. No. 3242 /2014 2
In the result, this application is allowed.
1. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- 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 so required by him in writing.
3. They shall not destroy or tamper with evidence.
4. They shall not harass the defacto-complainant or her relatives.
This order is not applicable if the petitioners choose to 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