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Judgment
10 paragraphs · 408 wordsC. Jayachandran
Petitioner in this application for pre-arrest bail is accused nos.1 to 3 in Crime No.44 of 2021 of Kuthuparamba Police Station. Offences alleged are under Sections 323, 324, 354, 354-D, 294(b), 506, r/w 34 of the Indian Penal Code.
The prosecution would allege that the first accused was pretending an affair with the defacto complainant and he used to disturb her quite often. When the defacto complainant refused the said affair, the second accused, who is the father of the first accused, threatened her over phone, besides abusing her. On 08.02.2021 at 9.40a.m., the third accused fisted the defacto complainant at a place called Nirmalagiri, thus committing the offences enumerated above.
Heard the learned counsel for the petitioners and the learned Public Prosecutor. Perused the records.
Having heard the learned counsel appearing on both sides, the Court is of the opinion that the offence under Section 354 IPC not prima facie made out. There is no allegation imputing any sexual intent or desire on the conduct of the petitioners. At any rate, the custodial interrogation of the petitioners is not required in the given facts. No antecedents as against the petitioners has been pointed out by the learned Public Prosecutor.
In the result, this bail application will stand allowed. The petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.40,000/-(Rupees forty thousand only) each with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:
(i) The petitioners shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 a.m. and 11 a.m. for a period of one month, thereafter, as and when called for by the Investigating Officer until final report is filed.
(ii) 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/her from disclosing such facts to the court or to any police officer.
(iii) They shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.