Petition filed under Section 438 Cr.P.C.
Petitioners are accused in Crime No. 452/2014 of Kollam Police Station which has been registered for the offences under Sections 294(b), 323, 341, and 354 read with Section 34 I.P.C.
2. The allegation against the petitioners is that they wrongfully restrained the de facto-complainant and his wife at a public place, uttered obscene words, assaulted them and outraged the modesty of the wife of the de facto-complainant. It is submitted that the allegations are false and it was got registered only to see that the first petitioner does not get an appointment in the Kerala State Electricity Board for which he has got an advice memo.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The facts of the case indicate that it is only an assault case. It is doubtful whether Section 354 I.P.C. is attracted. It depends upon the facts that may be brought out in the investigation. Taking into account the facts and circumstances
B.A. No.3928/2014 2
of the case, I think it proper to invoke the jurisdiction of this Court under Section 438 Cr.P.C.
In the result, the application is allowed.
1. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.
2. They shall appear before the Investigating Officer for interrogation if they are so required by him in writing.
3. They shall not destroy or tamper with evidence.
4. This order is not applicable if the petitioners choose 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 JV JUDGE