~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are the accused in Crime No.1345/2014 of Kaduthuruthy Police Station registered for the offences punishable under Sections 452, 294(b), 323, 324 and 506(i) read with Section 34 IPC.
3. The allegation against the petitioners is that, on 09.11.2014 at 11.30 a.m., they committed house trespass into the house of the de facto complainant, abused her and pushed her by criminally intimidating her, and attacked her husband and her brother by beating with iron rod.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the CD.
5. It has come out that the 1st petitioner's father was attacked and assaulted by the husband of the de facto complainant in the year 2012 for which a crime was registered. According to the learned counsel for the petitioners, while the petitioners, who are daily labourers, were walking through the road and proceeding to their place of work, they were abused by the de facto complainant and her husband, and a small push and pull occurred. It seems that the husband of the de facto complainant had gone to the hospital only on 11.11.2014 even though it is alleged that he was attacked on 09.11.2014. Considering the facts and circumstances of this case, I do not think that the custodial interrogation of the petitioners is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
6. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays, commencing from 15.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/11/12 // True Copy // PA to Judge