Petitioners are the accused in Crime No.444/2014 of Kollam West Police Station, Kollam District. The offences alleged against them are punishable under Secs.143, 147, 148, 294(b), 341, 452, 323, 324, 354 and 427 r/w 149 of IPC. Apprehending arrest, these petitions are filed for anticipatory bail.
2. It is alleged that there was some altercation between the first accused and son of the de facto complainant and with regard to the same, the accused persons trespassed into the house of the complainant at 11.30 PM on 2.4.2014 and attacked the complainant and others causing injury and also caused damage to the household articles worth ₹50,000/-.
4. Learned counsel for the petitioners submits that it is a thickly populated colony and so, the contention that the petitioners trespassed into the house at 11.30 PM cannot be accepted. It is a case where the petitioners formed themselves into an unlawful assembly carrying deadly weapons and trespassed into the residential house at midnight and attacked the complainant and others and also committed criminal mischief attracting the offences as mentioned above. It is alleged that they outraged the modesty of the complainant's wife. It is stated that the first accused was granted bail as he is a juvenile. That is not a reason to say that other petitioners should be granted bail. It is a case where the accused persons trespassed into the house at 11.30 PM carrying deadly weapons and attacked the complainant and others.
5. However, considering all the aspects the following directions are issued:
The petitioners shall surrender before the Investigating Officer within 7 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 petitioners but on the following conditions:
a. The accused shall execute a bond for ₹25,000/-
(Rupees Twenty Five Thousand only) each 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 accused shall make themselves available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays, Wednesdays and Fridays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that they will abide by all the conditions as mentioned above and that they 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 accused shall not leave the State of Kerala without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
g. The accused shall also deposit a sum of ₹10,000/- (Rupees Ten Thousand only) each before the learned Magistrate.
Sd/- N.K.BALAKRISHNAN, J UDGE.
//True Copy// P.A. To Judge Jvt