Petition filed under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1, 2, 3 and 5 in Crime No.695/14 of Changanacherry Police Station registered for the offences under Sections 447, 323, 354(b) read with Section 34 IPC.
3. This case originated with the filing of a complaint before the learned Magistrate concerned, who forwarded it to the police under Section 156(3) Cr.P.C. The allegation is that the petitioners trespassed into the house of the defacto complainant and the first petitioner caught hold of her while the second petitioner punched on her chest and the third petitioner hit on her back and the fourth accused, who is not a petitioner, tore off her nightie and the fourth petitioner pushed her down. The learned counsel for the petitioner submits that the parties are neighbours and there is a boundary dispute between them and this is a false case got registered by the defacto complainant.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The parties concerned are neighbours. There is a boundary dispute between them. It appears that it is a case of simple assault. It is B.A.No.2884 OF 2014 :: 2 ::
doubtful whether Section 354 IPC is attracted. The prosecution has no case that the petitioners are involved in any other criminal case. On the facts of the case I am inclined to grant the relief sought for in the application.
In the result, this Bail Application is allowed and
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.
jes K.ABRAHAM MATHEW, JUDGE