Petition filed under Section 438 Cr.P.C.
Petitioner is the second accused in Crime No. 448/2014 of Koyilandy Police Station which has been registered for the offences under Sections 294(b), 323, 324, 341, 354, 427, 448 and 506(i) read with 34 I.P.C.
2. The petitioner and the co-accused are close relatives of the de facto-complainant. The allegation is that the accused trespassed into the de facto-complainant's house, assaulted her and outraged her modesty and threatened to do away with her.
3. The submission of the learned counsel for the petitioner is that there have been certain money transactions between the parties concerned and this is a false case got registered on the basis of the differences of opinion resulted from the transactions.
4. Heard both sides.
5. It is doubtful whether the facts of case attract Section 354 I.P.C. The other offences allegedly committed by the accused are very minor. So I am inclined to grant the prayer of the petitioner.
B.A. No. 3962 /2014 2
In the result, this application is allowed.
1. The petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.
2. He shall appear before the Investigating Officer for interrogation if they are so required by him in writing.
3. He shall not destroy or tamper with evidence.
4. He shall not harass the defacto-complainant or her relatives.
5. This order is not applicable if the petitioner chooses to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
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K. ABRAHAM MATHEW JV JUDGE //TRUE COPY// P.A. TO JUDGE