Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 and 2 in Crime No.1836 of 2014 of Kunnathunadu Police Station, Ernakulam District registered for the offences punishable under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that on 24.9.2014 at 10.30 a.m., while the de-facto complainant was going through the pathway in front of the house of the petitioners, the first petitioner went behind him and slapped on his back, and the second petitioner with a wooden piece, inflicted a blow on his right hand, thereby causing a fracture of his ulna.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned counsel for the petitioners has pointed out that at 10.00 a.m. on that day, the de-facto complainant herein had trespassed into the house of the petitioners and caught hold of the first petitioner and slapped her, thereby outraging her modesty. It seems that Crime No.1837 of 2014 of the same Police Station was registered for the offences punishable under Sections 447, 506(i) and 323 the Indian Penal Code, against the de-facto complainant.
5. The parties are relatives. The de-facto complainant herein is the son of the second petitioner's brother. There were civil disputes between them relating to the pathway, allegedly passing through the front side of the house of the petitioners. The learned Public Prosecutor has submitted that the weapon involved in this case has already been recovered. Considering the fact that there are on going disputes between the parties and enmity between them, 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 Saturdays and Wednesdays, commencing commencing from 8.11.2014 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 dl // TRUE COPY // PA to Judge