Petitioners are accused 1 and 3 in Crime No. 1033 of 2014 ofBinanipuram Police Station registered for the offences underSection 323 IPC and Section 31 of the Protection of Women fromDomestic Violence Act, 2005. They are brother and sister. Thewife of the first petitioner filed an application against them andthe co-accused under Section 12 of the Protection of Women fromDomestic Violence Act, 2005. Learned Magistrate passed aninterim order on 05.05.2014. The petitioners herein wereprohibited from alienating or encumbering the shared householdand also from committing "any sort of domestic violence" againstthe petitioner in the M.C. A case has been registered against thepetitioners on the allegation that in violation of the interim orderthey assaulted the petitioner in the M.C. and thereby they havecommitted the offences under Section 323 IPC and Section 31(1)of the Protection of Women from Domestic Violence Act. Theypray that they may granted anticipatory bail.

2. Section 323 IPC is a bailable offence. The offenceunder Section 31(1) of the Protection of Women from DomesticViolence Act, 2005 is a cognizable and non-bailable offencethough it is punishable only with imprisonment which may extendto one year or with fine which may extend to Rs.20,000/- or withboth. But to attract the section the order passed by theMagistrate should be a protection order passed under Section 18of the Act. It may be interim or final order. Violation of an orderpassed under any other section does not amount to an offence.

3. The direction in the impugned order not to alienate or encumber the properties is a protection order covered by Section 18(e) of the Act. But there is no allegation that the petitioners herein have committed breach of this direction.

4. The other direction is that they shall not commit any domestic violence, which obviously was passed under Section 18(a) of the Act. This is not a specific order.

5. Passing a general or vague order like the present oneunder Section 18(a) may result in unfortunate consequences. Ifsuch an order is passed breach of the direction grantingresidential order under Section 19 or monetary relief underSection 20 or compensation order under Section 21 or custodyorder under Section 22 also will become punishable under Section31(1), which is not contemplated by the Act. If a blanket order ispassed, even failure to pay maintenance will attractSection 31(1). So while passing an order under Section 18(a) ofthe Act Magistrates shall not direct that the respondent isprohibited from doing any act of domestic violence; the actsought to be prohibited shall be specifically stated in the order,the nature of which shall depend on the facts alleged in the petition.

This is a fit case to grant anticipatory bail. In the result, this application is allowed.

The petitioners shall be released on bail on their executing a bond for Rs.20,000/- (Rupees twenty thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.