~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 to 3 in Crime No.1759/2014 of Valappad Police Station registered for the offences punishable under Sections 143, 147, 148, 452, 354, 427 and 506(ii) read with Section 149 IPC.
3. The allegation against the petitioners is that, on 27.09.2014 at 7 p.m., they, with the common object of committing house trespass into the house of the de facto complainant in order to attack her and to commit mischief, formed themselves into an unlawful assembly, armed with deadly weapons, committed house trespass into the house of the de facto complainant, and smashed and destroyed the entire furniture and electronic items in the house, thereby causing a wrongful loss of ₹60,000/- to the de facto complainant. When the de facto complainant intervened, her modesty was outraged and she was caught by her hair and she along with the other inmates were intimidated.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The contents of the CD, prima facie, reveal the complicity of the petitioners. Apart from the allegations levelled by the police, the contents of the CD reveal that the de facto complainant is a woman belongs to a Scheduled Caste. In fact, the concerned provision under the special Act has not been charged by the police. According to the learned counsel for the petitioners, the matter has been settled between the de facto complainant and the petitioners. This is not a matter which can be permitted to be compounded or settled. At the same time, as the petitioners could procure a condonation from the de facto complainant, I am of the view that anticipatory bail can be granted to them by imposing necessary conditions for compensating the de facto complainant for the damages sustained.
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 petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them 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) Each of the petitioners shall deposit an amount of ₹20,000/- before the court below within 10 days from today.
(ii) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays commencing from 06.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(iii) The petitioners shall not tamper with the evidence or influence witnesses.
(iv) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(v) The petitioners 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/03/12 // True Copy // PA to Judge