The petitioner is the accused in Crime No.339/2014 of Balussery Police Station, Kozhikode District. Crime is seen registered under section 354A of IPC, which is only bailable offence.
2. The learned counsel for the petitioner submits that the Investigating Officer is likely to alter the section to 354 of IPC. On going through the allegations in the complaint, it can be said that the offence may fall under section 354 of IPC. Hence, there is apprehension for the petitioner that if a report is filed introducing section 354 of IPC, sometimes his bail may be rejected by the learned Magistrate.
3. The learned counsel for the petitioner submits that the petitioner is a retired teacher. Stationery shop is being conducted by the petitioner's son. Complainant was employed in that shop. The petitioner could notice that the complainant was most often engaged in conversation with others over her mobile phone and was not at all doing any work in the shop. Therefore, the petitioner wanted the parents of the complainant to be brought to the shop since the petitioner thought that they should be told about the unholy dealings of the complainant.
4. Considering all the aspects the following directions are issued:
The petitioner shall surrender before the Investigating Officer within seven 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 grant bail to the petitioner, even if the offence is under section 354 of IPC, on the following conditions:
a. The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten thousand only) 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 petitioner shall make himself 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 petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he 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 petitioner 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.
Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj