The petitioner is the sole accused in Crime No. 1329 of 2014 of Ranni Police Station, Pathanamthitta district registered for offences under Sections 447, 324, 326 and 294(b) of Indian Penal Code. As he is apprehending arrest in the aforementioned crime, he has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The gist of the prosecution case is that on 06.09.2014 at 10 a.m the petitioner herein trespassed into the property of the lady de facto complainant and assaulted her son and on seeing her son being attacked, she had gone to prevent it and got in between her son and the petitioner herein and she was beaten with a stick by the petitioner.
3. Sri.V.Sethunath, the learned counsel for the petitioner, submits that the truth of the matter is that the son of the defacto complainant trespassed into the property of the petitioner and showered obscene words on the petitioner and his wife. When it was questioned by the petitioner, the son of the defacto complainant had attacked him with a stick and the wife of the petitioner was attacked by the defacto complainant and her husband and their son. The crime on the complaint of the petitioner herein was registered as Crime No.1331 of 2014 of Ranni Police Station for offences punishable under Sections 294(b), 354, 323 and 447 r/w Section 34 of the Indian Penal Code as against the lady defacto complainant herein, her husband and son. It is submitted that the petitioner is an Army personnel and he is working near the Indian border and the incident occurred while he was on leave. The learned counsel for the petitioner would further submit that the petitioner is now in his home town in Kerala and that he apprehends arrest in connection with the aforementioned crime and that this Court may exercise its discretion and order the grant of pre-arrest bail to him in the interest of justice and that he is prepared to comply with any stringent conditions that may imposed by this Court that are found necessary and just by this Court.
4. The learned Public Prosecutor would submit that the investigation is not complete and that in case this Court is inclined to exercise the discretion to allow the plea of pre-arrest bail in this case, sufficient safeguards may be imposed so as to protect the interest of the prosecution.
5. After having heard the submissions made by the learned counsel for the petitioner and the learned Public Prosecutor and on evaluation of the totality of the facts and circumstances of this case, this Court is inclined to hold that the plea of pre-arrest bail can be allowed.
Accordingly, it is ordered that in the event of the arrest of the petitioner in connection with Crime No.1329 of 2014 of Ranni Police Station, Pathanamthitta district, he shall be released on bail on his executing a bond for `35,000/- (Rupees Thirty Five Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer in the aforementioned crime, and subject to the following conditions:
i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate concerned within three days from the execution of the bail bond before the Investigating Officer and if he is not a holder of passport, he shall file an affidavit to that effect in the said court. If the petitioner requires his passport in connection with his travel abroad, then he shall approach the court concerned for the release of the same and for necessary permission in that regard. In case 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, (2009(2) KLT 712), notwithstanding the aforementioned conditions imposed by this Court.
ii) The petitioner shall not involve in any criminal offence of similar nature.
iii) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
iv) The petitioner shall fully co-operate with the investigation and report before the Investigating Officer as and when required by him.
If there is any violation of any of the aforementioned conditions, the bail granted to the petitioner shall stand cancelled.
ALEXANDER THOMAS, JUDGE vdv