HAJARU, W/O.HAMSU Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are A1 and A2 in Crime No.195/2014 of Perumpadappa Police Station, Malappuram District. Offences alleged are under sections 143, 147, 323, 341, 326 and 354 r/w 149 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

(2.) IT is alleged that this petitioner and three other accused persons wrongfully restrained the complainant on 28.03.2014 and due to previous enmity beat the defacto complainant with iron rod causing grievous hurt.

(3.) THERE is specific allegation that it was the 2nd accused who beat the complainant with iron pipe. Though there is allegation that the 1st petitioner and other accused persons also beat the complainant, considering all the aspects I am inclined to grant pre -arrest bail to the 1st petitioner. The 1st petitioner shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions: a. The petitioner shall execute a bond for Rs.25,000/ - (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer as an when required. c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will 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 from disclosing such facts to the court or to any police officer or tamper with the evidence. e. The petitioner shall not leave India without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.