Petitioners are the accused Nos.1 to 4 in Crime No.942/2014 of Kodumon Police Station, Pathanamthitta District registered for the offences punishable under Sections 447, 294(b), 323, 324, 341, 354 r/w Section 34 IPC. The version of the prosecution is that on 23.9.2014 at about 4:00 pm the accused trespassed into the property of the defacto complainant (lady) and assaulted her with stone and outraged her modesty and also assaulted her husband and thereby committed the above offences. The defacto complainant and the accused belonging to the same community (Sadhujana) and later the defacto complainant and her family had changed into another community (Sidhanar) and due to such act of the defacto complainant the accused persons had committed the above said offences. Learned counsel for the petitioners would submit that the offence under Section 354 IPC would lie inasmuch as in the First Information lodged by the defacto complainant. Her only allegation is that a stone was used to assault her and that one of the accused had snapped on her face. The learned counsel for the petitioner would also submit that only non-bailable offence lodged against them is under Section 354 and that the said offence would not lie in view of the aforementioned aspects self-evident from the FIR lodged by the complainant. Learned counsel for the petitioners Sri.D.Kishore further submit that even according to the version of the prosecution, it is only alleged that there are abrasions caused due to the assault of the stone. He would thus submit that even as per the version projected by the prosecution, the whole dispute is one arising out of the difference of opinion between the defacto complainant and the petitioners due to the change of community and that the complaint has been falsely lodged against the petitioners etc.
2. Heard Sri.D.Kishore, learned counsel for the petitioners and learned Public Prosecutor appearing for the respondents State authorities.
3. Having regard to the submissions made by both sides and after carefully evaluating the totality of the facts and circumstances of the case, I am inclined to exercise discretion to order grant of anticipatory bail in this case. However, the same should be conditioned by necessary safeguards so as to protect the interest of the prosecution. Accordingly, it is ordered that in the event of the petitioners being arrested in connection with Crime No.942/2014, they shall be released on bail on their executing a bond for ` 35,000/- (Rupees Thirtyfive Thousand only) each and on furnishing two sureties each for the like amount to the satisfaction of the investigating officer in the aforementioned crime. This order will be subject to the following conditions:-
i) The petitioners shall surrender his passport, if any, before the jurisdictional Magistrate concerned within three days from execution of the bail bond before the investigating officer and if either of them are not holders of passports, then they shall file affidavit to that effect in the said court. If the petitioners require their passport 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 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) Petitioners shall report before the investigation officer in Crime No.942/2014 of Kodumon Police Station between 10:00 am and 11:00 am on every alternate Sundays until the submission of the final report in this case.
(iii) The petitioners shall not involve in any criminal offence of similar nature.
(iv) The petitioners shall co-operate with the investigation and report before the investigating officer as and when required.
(v) The petitioners shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
If the petitioners fail to comply with any of the conditions as ordered above, the bail granted to them are liable to be cancelled.
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ALEXANDER THOMAS, Judge.