The petitioner, who is arrayed as the sole accused in Crime No. 414/2014 of Vellarikundu Police Station, Kasargode district, has chosen to file this application invoking the remedy under Section 438 of the Cr.P.C., seeking the prayer of pre-arrest bail, as he apprehends arrest in connection with the aforementioned crime. The gist of the allegations against the petitioner is that the defacto complainant, who is a minor girl aged 17 years and who was a student of Std.XI, had gone to her school on 25.8.2014, at 9 a.m. along her brother and her friend in an autorickshaw and upon the autorickshaw reaching near the school gate, the defacto complainant's brother and her friend alighted from the autorickshaw and proceeded to the school gate, upon which the petitioner came in another autorickshaw and enquired the defacto complainant as to whether she is interested to join with him and when she turned down his request, the petitioner caught hold of her hands and when the defacto complainant cried allowed, her brother and her friend returned and on seeing them, the petitioner escaped from the place and thereby he committed the offence under Section 354 of the IPC. in the aforementioned crime. Sri.T.Madhu, the learned counsel for the petitioner would submit that the petitioner is innocent of the allegations and that he is a close relative of the minor girl and that he has been implicated out of the differences of opinion that arose between him and the defacto complainant's family members. Sri.T.Madhu, the learned counsel for the petitioner would further submit that three weeks after the aforementioned incident relating to the aforementioned crime, the defacto complainant had committed suicide and that it is now reliably learnt that she had left a suicide note stating that some other persons are responsible for committing suicide. It is also submitted that it is clear from the suicide note, on his enquiry, that the petitioner is no way implicated in the above said note of the defacto complainant, etc. Sri.T.Madhu, the learned counsel for the petitioner would submit that the suicide incident is absolutely unrelated to the aforementioned crime, but that he has made this submission only to appraise this Court about the subsequent event. He would pray that the petitioner may be granted the relief of pre-arrest bail and that the petitioner is prepared to comply with any conditions that are fixed by this Court. 2. The learned Public Prosecutor would submit that the investigation is almost over. On the previous occasion, the learned Public Prosecutor was requested to appraise this Court as to whether the minor girl had left any suicide note as stated in this petition and the details thereof. The learned Public Prosecutor, on instructions, would submit that a note written by the minor girl was recovered after the incident of her suicide and the investigating officer in that case has instructed the prosecutor that the note does not in any way implicate the petitioner herein. The prosecutor would submit that in case this Court is inclined to grant anticipatory bail in this case, then necessary conditions may be incorporated to protect the interests of the prosecution.
3. Having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and on an evaluation of the totality of the facts and circumstances of this case, this Court is inclined to hold that the relief of pre-arrest bail can be given to the petitioner in this case, but subject to strict conditions so as to protect the bonafide interests of the prosecution. Accordingly, it is ordered that in the event of the arrest of the petitioner herein in connection with the above said crime, he shall be released on bail on his executing a bond for Rs. 35,000/- (rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer in the above crime and subject to the following conditions:
(i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate concerned within 3 days from the execution of the bail bond before the Investigating Officer and if he is not a holder of passport, then he shall file an affidavit to that effect in the said court. If the petitioner requires his passport in connection with his travel abroad, then he is free to approach the court below concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v. State of Kerala, reported in 2009 (2) KLT 712, notwithstanding the aforementioned conditions imposed by this Court.
(ii) The petitioner shall not involve in any criminal offence of similar nature or graver in nature.
(iii) The petitioner shall co-operate with the investigation and report before the investigating officer as and when required.
(iv) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
If the petitioner violates any of the conditions as ordered above, then the bail granted to his is liable to be cancelled.
With the above said directions, this Bail Application stands finally disposed of.
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sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge