AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioners are accused Nos.1 to 5 in Crime No.10 of 2021 of Yeroor Police Station registered for offences punishable under Sections 294(b), 323 and 354 read with Section 34 of the Indian Penal Code(IPC). The prosecution allegation is that, at about 09.00 p.m on 25.12.2020, the accused trespassed into the house of the de facto complainant, abused her and her family members, assaulted them and outraged the modesty of the de facto complainant.
The learned counsel for the petitioners submits that, among the offences alleged, offence under Section 354 of the IPC is the only non bailable offence and that, going by the prosecution case, the allegation, so as to attract Section 354 of the IPC is the injury suffered by the de-facto complainant during the altercation between the petitioners and the relatives of the de facto complainant. It is submitted that there is no allegation of any weapon having been used. Further, the allegations are not sufficient to attract the offence under Section 354 of the IPC.
I heard the learned Public Prosecutor also, who opposed the application.
Having considered the rival contentions and the only non bailable offence being the offence under Section 354 of the IPC, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:
i. Petitioners shall appear before the investigating officer within two weeks.
ii. The investigating officer shall interrogate the petitioners and in the event of arrest, they shall be released on bail, on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties each for the like amount to the satisfaction of the investigating officer.
iii. Petitioners shall not get involved in any similar offence during the pendency of the bail and shall not, in any manner, try to influence the witnesses or intimidate them.
iv. Petitioners shall co-operate with the investigation.
If any one of the above condition is violated, the investigating officer will be at liberty to approach the jurisdictional court for cancellation of bail.