Petitioners are accused Nos.1 & 2 in Crime No.340/2014 registered before the Kalikavu Police Station, Malappuram District for the offences punishable under Sections 354 & 34 IPC. They approached this Court invoking the remedy under Section 438 Cr.P.C seeking anticipatory bail as they apprehend arrest in connection with the aforementioned crime. According to the petitioners they are falsely implicated in the said crime and that even as per the version projected by the prosecution, the incident occurred in the midst of a meeting of Gramasabha in Ward No.3 of Kalikavu Grama Panchayath which is convened to select the beneficiaries for the year 2014-15 and 2015-16 held on 16.9.2013 in a Madrassa and that some verbal altercations took place between the two groups of people and that the petitioners pushed the coordinator of the Gramasabha, who is a lady, and had torned the minutes book of the meeting etc. Sri.Babu.S.Nair, learned counsel appearing for the petitioner strongly urge that even going by the version projected by the prosecution, the allegations are baseless, trivial and foisted against the petitioner so as to register a crime against them and that even going by the version projected in the FI statement no offence under Section 354 would be disclosed and that the basis for inclusion of that offence is only on the ground that the person who was pushed in the altercation happened to be a lady and that the said offence has been incorporated only so as to project a case of non-bailable offence in the registered crime.
2. Learned Public Prosecutor would submit that the allegations made by the petitioners are not correct and that the investigation is proceedings is yet to be completed and that in case this Court is inclined to grant anticipatory bail to the petitioners and the same should be conditioned with necessary safeguards so as to protect the interest of the prosecution.
3. Having heard the the learned counsel for the petitioners and learned Public Prosecutor and on a careful consideration of the facts and circumstances of the case, I am inclined to exercise discretion to order anticipatory bail in this case. Accordingly it is ordered that in the event of the petitioners being arrested in connection with Crime No.340/2014 of Kalikavu Police Station, Malappuram District then the petitioners shall be released on bail on execution of a bond for ` 35,000/- (Rupees Thirtyfive Thousand only) each before the investigating officer and on furnishing two sureties each for the same amount to the satisfaction of the investigating officer and subject to the following conditions:-
i) The petitioners shall surrender their 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 investigating officer in Crime No.340/2014 of Kalikavu 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.
bkn/-
ALEXANDER THOMAS, Judge.