Petitioner is the first accused in Crime No.386/2014 of Ezhukone Police Station. The offences alleged against him and other accused are punishable under Secs.452, 447, 323 and 354 r/w 34 IPC. Apprehending arrest, this petition is filed for anticipatory bail. 2. De facto complainant is the aunt of the petitioner.
The incident took place on 25.3.2014 at 9 PM. It is alleged that the petitioner and others trespassed into the courtyard of the complainant's house, kicked on the chest of the complainant and her daughter and forcibly holding their hair dragged them down, as a result caused bodily injury and mental shock to them.
3. Learned counsel for the petitioner submits that when the grandfather of the petitioner died and during the time of cremation, there was some family dispute and a scuffle occurred among the family members. The allegations as mentioned in the complaint are not true, the learned counsel submits.
4. However, considering all the aspects, the following directions are issued :-
The petitioner shall surrender before the Investigating Officer within 10 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 grant bail to the petitioner but on the following conditions:
a. The accused shall execute a bond for ₹25,000/-
(Rupees Twenty Five Thousand only) 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 accused shall make himself available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he 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 accused shall not leave India without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
Sd/- N.K.BALAKRISHNAN, J UDGE.
//TRUE COPY// P.A. TO JUDGE Jvt