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Judgment
N.K. Balakrishnan, J.—Petitioners are accused Nos. 1 to 3 in Crime No. 102 of 2012 of Arthinkal Police Station. Offences alleged against them are under sections 452, 323, 294(b), 506(ii) r/w section 34 IPC and section 27 of the Arms Act. Apprehending arrest, this petition is filed for anticipatory bail. It is alleged that on 27-3-2012 at about midnight the petitioners along with the fourth accused tresspassed into the house of the de facto complainant carrying sword- stick, iron pipe etc. and enquired as to where Mahesh, the son of the de facto complainant, was and since he was not there, one of them slapped the de facto complainant and they also created intimidating and terrifying atmosphere.
Learned counsel for the petitioner submits that during day time the said Mahesh entered the temple and created some unruly scene and so the festival of the temple was conducted with the aid of the police. When the petitioners were returning to their house after the festival, they were prevented by Mahesh and there was some scuffle. Learned Public Prosecutor opposed that submission stating that there was no such incident. It is also submitted that there was an earlier crime but the accused were granted bail, since offences alleged were only Bailable offences. These petitioners are creating difficulties for the complainant to have a peaceful life, learned Public Prosecutor submits.
Considering all the aspects, the following directions are issued:
The petitioners shall surrender before the Investigating Officer within two weeks from today. After interrogation they shall be produced before the learned Magistrate. When applied for bail by the petitioners, the learned Magistrate will, considering the nature of the case, grant bail to them but on the following conditions:
a) The petitioners shall execute a bond for Rs. 25,000/- (rupees twenty five 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) The petitioners shall make themselves available for interrogation by the Investigating Officer and they should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.
c) The petitioners 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) The petitioners will also file an affidavit stating 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 that they shall 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) The petitioners shall not leave the State of Kerala 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.
It is made clear that if the petitioners while on bail indulge in any such criminal activity disturbing the peaceful life of the de facto complainant, this order of anticipatory bail will stand cancelled.