The petitioner is the accused in Crime No.556/2014 of Anchal Police Station, Kollam District. Offences alleged are under sections 452, 324, 354, 294(b) and 506(ii) of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The defacto complainant got herself impleaded as per Crl. M.A. 4813/2014. Mr.Manoj R. Nair appears for the defacto complainant.
3. It is alleged that on 22.04.2014 at 5.00 pm, the petitioner trespassed into the residential apartment of the complainant and beat her with stick.
4. It is stated that the defacto complainant is staying alone with her daughter aged 14 years. Her husband is working abroad. The petitioner is occupying the near by apartment in the same flat. Therefore, the petitioner is expected to be more cautious and he must actually extend his helping hand to the complainant. On the other hand, he trespassed into her house with a wooden reaper, beat the complainant and caused injury to her and also tore her churidar, the learned counsel for the complainant submits.
5. The learned counsel for the petitioner submits that complaint was given only to wreck vengeance as there was previous animosity. It is stated by the learned counsel for the complainant that the petitioner did similar criminal act against the Head Mistress and other persons also. It is further submitted that the petitioner's father video graphed the entire process when the mahazar was being prepared by the Police. It seems the petitioner is unnecessarily intruding upon the peaceful life of the complainant.
6. Considering all the aspects the following directions are issued:
The petitioner shall surrender before the Investigating Officer within seven 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, considering the nature of the case, grant bail to the petitioner but on the following conditions:
a. The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) 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 petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays, Wednesdays and Fridays between 9.30 AM to 11.30 AM until further orders.
c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he 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 petitioner shall not leave India without the prior permission of the learned Magistrate.
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 petitioner shall not in any way indulge in any activity which would affect the peaceful living of the defacto complainant and her daughter nor shall he, in any way, affect the decent and dignified life of the complainant.
If any act in violation of the conditions is done, the defacto complainant is at liberty to move the learned Magistrate for appropriate reliefs. The learned Magistrate will, after hearing, pass necessary orders on such petitions, if filed.
Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. To Judge jjj