~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the sole accused in Crime No.1518/2014 of Kannur Town Police Station registered for the offences punishable under Sections 452, 354 and 323 IPC.
3. The allegation against the petitioner is that on 15.10.2014 in between 11 a.m. and 11.30 a.m., the petitioner trespassed into the house of the de facto complainant, outraged her modesty, and pushed her down. The petitioner was the husband of the de facto complainant and their marriage was dissolved earlier.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. The learned counsel for the petitioner has pointed out that on 23.09.2014 one Prasoon had trespassed into the house of the petitioner and attacked him and intimidated him by showing a knife. He abused the wife of the petitioner and outraged her modesty. The said Prasoon is said to be a friend of the de facto complainant herein. It seems that the present incident had occurred in retaliation of the earlier incident. On going through the facts and circumstances of the case, there is nothing to be recovered in this case. The investigation of this case is practically over. The custodial interrogation of the petitioner is not required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
6. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays, commencing from 11.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/07/11 // True Copy // PA to Judge