The petitioners herein are the four accused in Crime No.1371 of 2014 of Palluruthy Police Station registered for offences under Sections 451, 323, 354 , 294(b) and 506(i) r/w Section 34 of the Indian Penal Code. They apprehend arrest in the aforementioned crime and therefore, they have preferred to invoke the remedy under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail. 2. The case of the prosecution is that the petitioners were not in good terms with the de facto complainant and her family since there was a dispute in connection with a pathway and with common intention of attacking the de facto complainant, the 2nd and 4th petitioners on 13.09.2014 at about 3 p.m destroyed the wooden bridge placed in the pathway used by the de facto complainant and the petitioners uttered obscene words to the de facto complainant when she had questioned the act of the petitioners and that the 1st petitioner had shown gestures and signs with sexual imputation to the de facto complainant that and that the accused had caused to outrage the modesty of the de facto complainant, who is a lady, and that they have trespassed into her house and the 3rd petitioner caught hold of the hand of the de facto complainant and that the 2nd petitioner slapped on her left cheek and that they have committed the offences as alleged.
3. The case of the petitioners is that they are innocent of the allegations and that the de facto complainant is on inimical terms with the petitioners since there was a dispute regarding the pathway and it is only a dispute arising out of such issues that the de facto complainant has chosen to falsely implicate the petitioners in the aforementioned crime. The application for anticipatory bail preffered by the petitioners was rejected by the Sessions Court, Ernakulam as per Annexure A order dated 24.09.2014.
4. Heard Adv.Sri.Ramkumar, learned Senior Counsel instructed by Sri. S.M.Prasanth, learned counsel appearing for the petitioners and the learned Public Prosecutor appearing for the respondent State authorities.
3. After considering the submissions of the learned senior counsel for the petitioners and learned Public Prosecutor and taking into consideration the over all facts and circumstances of this case, I am inclined to exercise the discretion to grant anticipatory bail to the petitioners subject to conditions. Petitioners 2 and 3 are employees of Kerala State Electricity Board and it appears prima facie that this dispute is arising out of the use of a disputed pathway. In this circumstances, the interest of the prosecution can also be protected by insisting necessary safeguards while granting anticipatory bail.
4. Accordingly, it is ordered that in the event of arrest of the petitioners in connection with Crime No.1371 of 2014 of Palluruthy Police Station, they shall be released on bail on their executing bond each for Rs.35,000/-(Rupees Thirty Five Thousand Only) with separate two solvent sureties each for the like amount to the satisfaction of the investigating officer in the above crime and subject to the following conditions:
i) The petitioners shall surrender their passports, if any, before the jurisdictional Magistrate concerned within three days from the execution of the bail bond before the Investigating Officer and if either or both of them are not holders of passports, they shall file affidavit to that effect in the said court. If the petitioners require their passports 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 such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, 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, (2009(2) KLT 712), notwithstanding the aforementioned conditions imposed by this Court.
ii) The petitioners shall report before the Investigating Officer in Crime No.1371 of 2014 of Palluruthy Police Station between 3 p.m and 4 p.m on every alternate Sundays till such period as may be required by the Investigating Officer.
iii) The petitioners shall not involve in any criminal offence of similar nature.
iv) The petitioners shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
v) The petitioners shall fully co-operate with the investigation and report before the Investigating Officer as and when required by him.
If the petitioners fail to comply with any of the aforementioned conditions, the bails granted to they are liable to be cancelled.
Sd/-
ALEXANDER THOMAS, JUDGE.
Vdv //True Copy// P.A to judge