Petitioner is the sole accused in Crime No.734/2014 of Peringome Police Station, Kannur District for offences alleged under Sections 354 & 324 IPC. The gist of the prosecution case is that on 12.10.2014 at about 9:30 am the lady defacto complainant was engaged in cutting grass at the road side, the accused went there and asked her not to cut grass as the same is wanted for his sheep to graze and that the accused caught hold of her and when she attempted to ward of it, the rope which was used to tie the sheep, caused scratch injury to the defacto complainant and thereby the petitioner has committed the aforesaid offences. Petitioner's case is that he went to his relative's property for grazing his sheep and that the defacto complainant without the permission of the relative trespassed into the property which is adjacent to the road puramboke and attempted to cut grass, which is meant for catering the sheep of the petitioner and when the petitioner asked the defacto complainant to desist from doing so, she turned against the petitioner and quarreled with the accused and by that time a vehicle driven by a third person suddenly stopped and the sheep scattered and thereby the defacto complainant has caused some discomfort when she got scratched by the rope. It is further submitted by Sri.C.P.Peethambaran, learned counsel for the petitioner, that the lady defacto complainant and the petitioner are neighbours and there are some disputes between them regarding the cutting of grass from the property of the petitioner and utilising this opportunity the defacto complainant managed to trigger the registration of the above said crime. It is submitted that the petitioner is totally innocent of the allegations and that the plea of pre-arrest bail may be allowed in the interest of justice.
2. Learned Public Prosecutor would submit that the investigation is not over and in case if this Court is inclined to allow the plea of pre-arrest bail in this case, then necessary safeguards may be placed so as to protect the bonafide interest of the prosecution.
3. Having regard to the submissions made by the learned counsel for the petitioner and learned Public Prosecutor and on evaluation of the aforementioned factual matrix emerging in this case, this Court is of the view that discretion can be exercised to allow the plea of pre-arrest bail to the petitioner, subject to necessary conditions to safeguard the interest of the prosecution. Accordingly, it is ordered that in the event of the petitioner being arrested in connection with Crime No.734/2014 of Peringome Police Station, Kannur District, he shall be released on bail on his executing a bond for ` 35,000/- (Rupees Thirtyfive Thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer concerned and subject to the following conditions:-
(i) The petitioner shall surrender his passport, if any, before the court below concerned within three days from the execution of the bail bond before the investigating officer and if he is not a passport holder, then he shall file affidavit to that effect in the said court. If the petitioner requires his passport in connection with his travel abroad, then he is 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 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, reported in 2009 (2) KLT 712, notwithstanding the aforementioned conditions imposed by this Court.
(ii) The petitioner shall not involve in any criminal offence of similar nature.
(iii) The petitioner shall co-operate with the investigation and report before the investigating officer as and when required.
(iv) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
If the petitioner fails to comply with any of the conditions as ordered above, the bail granted to him is liable to be cancelled.
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ALEXANDER THOMAS, Judge.