The petitioner is the accused in Crime No.333/2011 of Chittarickal Police, Kasaragod District. The offence alleged is under section 436 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The allegation is that on 14.10.2011 the petitioner along with two other persons set fire to the coconuts kept in a sack, chappals and umbrella which were kept in the verandah of the house bearing no.XV/216 of west Eleri Panchayath. It is a residential house, the prosecution contends. Coconuts, chappals and umbrella were destroyed in fire.
3. The learned counsel for the petitioner submits that the petitioner is innocent. This submission is strongly opposed by the learned Public Prosecutor. It is futher submitted by the learned Public Prosecutor that charge sheet has already been filed.
4. A doubt may arise as to whether the offence would fall under section 436 of IPC. It is not discernible whether any building used for dwelling purpose or for storing articles, was destroyed. According to the learned counsel only coconuts and chappals were destroyed.
5. Considering all the aspects the following directions are issued:
The petitioner shall surrender before the Investigating Officer within ten 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.25,000/- (Rupees Twenty Five 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 appear before the Investigating Officer on all Mondays 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.
Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj