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Judgment
Petitioners are accused Nos.1 to 6 in Crime No.3051 of 2020 of Adoor Police Station registered for offences under Sections 143, 147, 149, 323, 354
and 451 of the Indian Penal Code(IPC). Among the offences, the offence under Section 354 is the only non bailable offence. According to the learned
counsel for the petitioners, the prosecution allegation is that, during the altercation, one of the petitioners caught hold of the de facto complainant's
dress, thereby outraging her modesty. According to the learned counsel, such act will not attract the offence under Section 354 IPC.
The learned Public Prosecutor opposed the application pointing out that the incident had happened at around 09.30pm, outside the house of the de
facto complainant, which clearly indicates that the attack was pre-planned.
Having considered the rival submissions, I find that custodial interrogation of the petitioners is not required. Consequently, the petitioners are granted
anticipatory bail, 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.