Petitioners are accused Nos.1 to 4 in Crime No.701/2014 of Kottarakara Police Station. The offences alleged against them are punishable under Secs.341, 294(b), 323, 326, 308 and 354 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail. 2. A crime was registered when the complaint filed by the 4th petitioner was forwarded to the police for investigation. It is alleged that on 15.3.2014 at 10 PM, when the complainant was passing through the way in front of the house of the petitioners, the accused with the common intention, attacked the complainant. A1 beat the complainant aiming at his head with a stick. When it was tried to be prevented, he sustained injury - fracture to his ulna. It is stated that when his wife tried to intervene, her modesty was outraged. The prosecution contends that had the complainant not swerved his head and warded off the blow, it would have fallen on his head causing serious injury to his head. The prosecution contends that the fact that the complainant sustained fracture to his ulna shows the force of the blow.
3. Learned counsel for the petitioners submits that there were other cases pending between the parties.
4. Considering all the aspects I am not inclined to grant anticipatory bail to A1. So far as petitioners 2 to 4 are concerned, the following directions are issued :-
Petitioners 2 to 4 shall surrender before the Investigating Officer within 10 days from today. After interrogation petitioners 2 to 4 shall be produced before the learned Magistrate. When applied for bail by them, the learned Magistrate will grant bail to petitioners 2 to 4 but on the following conditions:
a. Petitioners 2 to 4 shall execute a bond for ₹50,000/-
(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. Petitioners 2 to 4 shall make themselves available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.
c. Petitioners 2 to 4 shall produce their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.
d. Petitioners 2 to 4 will also file affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. Petitioners 2 to 4 shall not leave India without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
The claim for pre-arrest bail made by the first accused (first petitioner) is rejected.
Jvt Sd/- N.K.BALAKRISHNAN, J UDGE.