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Judgment
13 paragraphs · 372 wordsP.G. Ajithkumar, J
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
The petitioners are accused Nos.1 to 6 in Crime No.31 of 2024 of Sasthamcotta Police Station, Kollam for having allegedly committed the offences punishable under Sections 294(b), 447, 323, 354, 506 read with 34 of IPC, 1860.
The prosecution allegation is as follows:
On the allegation that the defacto complainant refused to pay rent for the house belonging to the 1st petitioner, he along with the other accused, at about 11.00 a.m. on 23.12.2023, criminally trespassed into the said premises and abused her. The 2nd accused beat her on her shoulders and stamped her. Her dress was torn by the accused persons and the 4th accused pushed her down. The 5th and 6th accused threatened the defacto complainant.
The petitioners would contend that they did not involve in the alleged crime and without any material or evidence, they were implicated in the crime.
The learned Public Prosecutor on instructions, submitted that the investigation in the matter is in progress and grant of anticipatory bail to the petitioners may adversely affect the investigation.
Having heard the learned counsel on both sides and considering the nature of the offence, I am of the view that the detention of the petitioners during the period of investigation is not necessary in this case.
In the result, the bail application is allowed and the applicants are directed to surrender before the investigating officer within two weeks. After interrogation and in the event of them being arrested, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:
(i) They shall not influence or intimidate witnesses or tamper with evidence;
(ii) They shall appear before the investigating officer as and when called for; and
(iii) During the bail period, they shall not get involved in any offence.
In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.