Petition filed under Section 438 Cr.P.C. 2. Petitioner is the 1st accused in Crime No.638/2014 of Neyyatinkara Police Station which was registered for the offences under Sections 323, 354, 395 IPC. Later, the Investigating Officer sent a report to the learned Magistrate informing that the offences under Sections 143, 147 and 149 and 294(b) IPC also were committed in the course of the incident.
3. The allegation is that the petitioner along with the co-accused outraged the modesty of the de facto complainant assaulted members of her family and robbed a member of the family of Rs.4,000/-. The defence version is that this is a false case.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The specific allegation against the 1st petitioner is that he slapped the de facto complainant and assaulted her with his hands. It is doubtful whether Section 354 IPC is attracted. It is stated that the 1st petitioner is the star witness in a criminal case now pending against the de facto complainant, in which she was in judicial custody for a certain period. Taking into consideration all these facts, I am inclined to grant the prayer of the petitioner.
B.A. NO.4349 OF 2014 2 In the result, this Bail application is allowed with the following conditions:
1) The petitioner shall be released on bail on her executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.
2) He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.
3) He shall not destroy or tamper with evidence.
This order is not applicable if the petitioner chooses to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
K.ABRAHAM MATHEW JUDGE pm