~ ~ ~ ~ ~ ~ Petitions under Section 438 Cr.P.C. 2. Petitioners are accused Nos.2 and 1 respectively in Crime No.1871/2014 of Thiruvalla Police Station pending investigation for the offences punishable under Sections 452 and 354 read with Section 34 IPC.
3. The allegation against the petitioners is that, on 10.09.2014 at 9 p.m., they trespassed into the bathroom attached to the house of the de facto complainant when the de facto complainant woman was taking bath. It is alleged that the 1st accused hugged her and caught hold of her, thereby outraging her modesty. She escaped from the clutches of the petitioners and ran away as her sons and husband were not present at the house. While she was escaping, she fell in the canal by which she sustained injuries including fracture.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that the 1st accused has criminal antecedents on his part. It seems that the petitioners had committed house trespass by enquiring about the sons and husband of the de facto complainant as the sons of the de facto complainant had entertained a quarrel with the petitioners on 17.08.2014. The acts of the petitioners cannot be justified. The investigation of this case is not over. The allegations against the petitioners are very grave and serious. Considering the facts and circumstances of the case and the present stage of the investigation, I do not think that this is a fit case wherein anticipatory bail can be granted to the petitioners.
6. The learned counsel for the petitioners seeks for an opportunity to the petitioners to surrender before the investigating officer and to co-operate with the investigation.
In the result, these Bail Applications are dismissed. At the same time, if so advised, the petitioners may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioners, effect recovery if any, and conduct the investigation and produce the petitioners without delay before the concerned Judicial First Class Magistrate's Court, where the petitioners can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
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(B.KEMAL PASHA, JUDGE) aks/04/12 // True Copy // PA to Judge