Mugeshkumar And Ors vs State Of Kerala

The petitioners are the accused in Crime No.1883/2020 of Munnar Police Station, registered for offences under Sections 143,146,147,294(b), 323, 354 and 427 r/w 149 of IPC. The crime is registered on the allegation that at about 7.30 p.m on 15.11.2020, the petitioners reached in front of the shop belonging to the de facto complainant abused her in filthy language and the first petitioner caught hold of her hand and tore her maxi, thereby outraging her modesty. The further allegation is of the first petitioner having assaulted the husband of the de facto complainant.

The learned Counsel for the petitioners submits that the crime has been falsely foisted on the petitioners as a counter blast to Crime No.1882/2020 registered at the instance of the first petitioner. The allegation therein is of the first petitioner having been assaulted and injured seriously by the de facto complainant's husband. It is pointed out that, pursuant to the injury sustained in the incident, the first petitioner was hospitalised at the General Hospital in Munnar, whereas the de facto complainant was hospitalised later, that too in a hospital at Adimali, 30 kms. from Munnar.

The learned Public Prosecutor submits that the allegations, as against the first and second petitioners, are serious. It is admitted that no specific overt act is raised against petitioners 3 to 6. On consideration of the facts and circumstances and the contentions urged by the learned Counsel, I am inclined to allow the prayer for anticipatory bail, subject to the following conditions.

(i) The petitioners shall appear before the investigating officer within a period of two weeks from the date of receipt of a copy of this order, upon which the investigating officer will be at liberty to interrogate the petitioners.

(ii)In the event of arrest, the petitioners shall be released on bail by the investigating officer on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each to the like sum.

(iii) The petitioners shall co-operate with the investigation and shall not in any manner, intimidate or threaten the de facto complainant or other witnesses.

(iv) The petitioners shall not commit any offence of similar nature during the currency of this bail order.