Petitioners are accused nos. 1 to 3 in Crime No.474/2014 of Kadakkavoor Police, Thiruvananthapuram District. Offences alleged are under sections 451, 323, 354 and 427 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The defacto complainant got herself impleaded as per Crl. M.A. 4800/2014. Mr. M.R. Sarin Panicker appears for the defacto complainant.
3. It is alleged that the accused persons trespassed into the house of the complainant and caused hurt to her by hitting on the abdomen and other parts of the body and she was pushed with intent to outrage her modesty.
4. The learned counsel for the defacto complainant has vehemently argued that it is a very serious attack mounted on her by the accused persons at about 8.00 pm on 28.4.2014. The accused are near relatives of the complainant. It is further submitted that a perusal of the scene mahazar would make it clear the act of vandalism done by the accused persons.
5. In the complaint it is alleged that a total loss of Rs.18,000/- was caused due to the mischief and criminal act of the accused. It is alleged that the thali chain worn by the complainant was broken and part of the same was lost in the incident.
6. The learned counsel for the petitioners submits that the allegations are not true. It is further submitted that only to make it a non bailable offence, section 354 of IPC was added. The act of the accused persons cannot be viewed so lightly.
7. Considering all the aspects the following directions are issued:
The petitioners shall surrender before the Investigating Officer within ten 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, considering the nature of the case, grant bail to the petitioners but on the following conditions:
a. The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five 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 petitioners shall make themselves available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c. The petitioners shall surrender 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 petitioners will also file an 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 petitioners shall not leave India without the prior permission of the learned Magistrate.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
g. The petitioners shall deposit Rs.5,000/- (Rupees Five thousand only) each before the learned Magistrate.
Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj