The petitioners are the accused Nos.1 and 2 in Crime No.780 of 2014 on the files of the Mannar Police Station, Alappuzha District registered for offences punishable under Sections 447, 341, 294(b), 323, 326 and r/w Section 34 of the Indian Penal Code on the basis of the first information statement given by the defacto complainant, who is none other than the daughter of the first petitioner's brother and the daughter of second petitioner's father's brother. The prosecution version is that the informant's house is having a way through the western side of the compound fencing of the property of the first petitioner and that on 15.05.2014 at about 10.30 a.m, the informant/defacto complainant saw both the accused cleaning the portion of compound fencing with a spade and when the lady informant intervened, the first accused beat the spade on the boundary stone and the blade portion of the spade got ride of the handle, and then the first accused beat the informant on her right palm with the handle of the spade and the second accused is said to have abused the informant and by catching hold of her hair and the second accused is said to have beaten her with her hand. 2. Sri.C.S.Manu, the learned counsel appearing for the petitioners submitted that only non bailable offence alleged in this case is that one under Section 326 of the Indian Penal Code and that the entire version in the first information statement and the first information report definitely show that it is purely a civil dispute regarding the path way between the parties who are closely related.
3. When the matter came up for consideration on 14.10.2014, the Court had requested the learned Public Prosecutor to get specific instructions as to whether any fracture has been suffered by the lady defacto complainant and the nature of the wound etc. Today, when this matter was taken up for consideration, the learned Public Prosecutor submitted that in the wound certificate it is recorded that there is swelling and pain on the right hand of the defacto complainant and that no other injury or fracture are recorded in the medical certificate given by the competent doctor. The learned Public Prosecutor would also submit that only non-bailable offence in this case under Section 326 of Indian Penal Code and that if this Court is inclined to grant anticipatory bail, then the same should be conditioned with necessary safeguards to protect the interest of the State for fair and proper investigation. Accordingly, it is ordered that in the event of the petitioners being arrested in connection with Crime No.780 of 2014 of Mannar Police Station, Alappuzha District the petitioners shall be released on bail on their executing bonds for Rs.35,000/- (Rupees thirty five thousand only) each and on furnishing two solvent sureties each for the like amount to the satisfaction of the investigating officer concerned in the above said crime and subject to the following conditions:
(i) The petitioners shall surrender their passports, if any, before the court below concerned within 3 days from the execution of the bail bonds before the investigating officer concerned and if they are not holder of passports, then they shall file affidavit to that effect in the court below concerned. If the petitioners require their passport in connection with their travel abroad, then they are 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 court below concerned, 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 condition imposed by this Court.
(ii) The petitioners shall report before the Investigating Officer in the above said crime between 10 a.m and 11 a.m on every alternate Sundays till the filing of the final report.
(iii) The petitioners shall not involve in any criminal offence of similar or graver in nature.
(iv) The petitioners shall fully co-operate with the investigation and report before the investigating officer as and when required by him.
(v) The petitioners shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
If the petitioners violate any of the conditions as ordered above, then the bail granted to them are liable to be cancelled.
With the above directions, this application for anticipatory bail stands disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE R.AV