Petitioners are accused Nos.1 and 3 in Crime No.170/2014 of Kannavam Police Station, Kannur District. The offences alleged against them and other accused are punishable under Secs.342, 323, 354A, 354B, 406 and 498A r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The second accused, who is the sister of the petitioners was already granted bail. First accused is the husband of the complainant. In the wedlock between the complainant and the first accused a child was born to them. As against the third accused, it is alleged that he had attempted to outrage the modesty of the complainant. It is also stated that the first accused was having unholy connection with the 2nd accused.
3. Learned counsel for the petitioners submits that such wanton and reckless allegations are made to bolster up her false case.
4. Learned Public Prosecutor has strongly resisted the submission aforesaid.
5. Considering all the aspects the following directions are issued:
The petitioners 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 petitioners but on the following conditions:
a. The accused shall execute a bond for ₹50,000/-
(Rupees Fifty 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 accused shall make themselves 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 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 accused will also file 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 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