Petitioner is the second accused in Crime No. 696 of 2014 of Alakode Police Station, Kannur district registered for offences under Sections 452, 509, 506(ii), 294(b) and 427 r/w Section 34 of Indian Penal Code. As he is apprehending arrest, the petitioner seeks anticipatory bail by invoking the remedy under Section 438 of the Code of Criminal Procedure. 2. The gist of the prosecution case is that on 23.09.2014 at about 10 p.m, the petitioner (A2) and the 1st accused trespassed into the house of de facto complainant and the petitioner insulted and used filthy language against the de facto complainant.
3. Sri.Sunil Nair Palakkat, learned counsel for the petitioner, would submit that the petitioner has no involvement in the above said crime and that accused No.1 herein and the de facto complainant herein had certain differences of opinion and rivalry with the 1st accused herein. It is only to falsely implicate the 1st accused herein that the the name of the petitioner is also unnecessary dragged in this case by the de facto complainant, it is submitted. The learned counsel for the petitioner would submit that the petitioner may be granted anticipatory bail in this case, in the interest of justice and that he is prepared to comply with any conditions imposed by this court that are found necessary and just for the grant of such bail.
4. The learned Public Prosecutor would submit that the investigation is not complete and that the 1st accused was arrested on 24.09.2014 and that he is opposing this application. However, the learned Public Prosecutor would also submit that in case this Court is inclined to grant anticipatory bail to the petitioner, stringent conditions may be imposed so as to protect the bonafide interest of the prosecution.
5. Having heard the submissions made by the learned counsel for the petitioner and the learned Public Prosecutor and on evaluation of the totality of the facts and circumstances in this case, it is seen that the only non-bailable offence alleged against the petitioner is one under Section 452 of Indian Penal Code and the major allegations are mainly directed against the 1st accused.
Accordingly, it is ordered that in the event of the arrest of the petitioner in connection with Crime No.696 of 2014 of Alakode Police Station, Kannur district, he shall be released on bail on his executing a bond for Rs.35,000/- (Rupees Thirty Five Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer in the aforementioned crime, and subject to the following conditions:
i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate concerned within three days from the execution of the bail bond before the Investigating Officer and if he is not a holder of passport, he shall file an affidavit to that effect in the said court. If the petitioner requires his passport in connection with his travel abroad, then he shall approach the court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, 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, (2009(2) KLT 712), notwithstanding the aforementioned conditions imposed by this Court.
ii) The petitioner shall report before the Investigating Officer in Crime No.696 of 2014 of Alakode Police Station, Kannur district between 10 a.m and 12 noon on every Saturdays till such period as may be required by the Investigating Officer.
iii) The petitioner shall not involve in any criminal offence of similar nature.
iv) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
v) The petitioner shall fully co-operate with the investigation and report before the Investigating Officer as and when required by him.
If there is any violation of any of the aforementioned conditions, the bail granted to the petitioner shall stand cancelled.
Sd/-
ALEXANDER THOMAS, JUDGE.
vdv //True Copy// P.A to Judge