The court has the discretion to grant or deny anticipatory bail based on the facts and circumstances of the case, including the prima facie case made out by the prosecution and the nature of the alleged offenses.

Dated this the 29th day of May, 2024 This is an application for anticipatory bail, filed by accused Nos.1 to 5 in Crime No.239/2024 of Nileswar Police Station, Kasaragod.

2. Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant/additional 2nd respondent and the learned Public Prosecutor.

3. I have perused the relevant documents form part of the case diary.

4. Precisely, the prosecution case is that, at about 4.00

a.m., on 7.4.2024, while the de facto complainant along with her relatives went for a festival at a temple in Puliyannur, accused Nos.1 to 5 along with other 10 persons formed into an unlawful assembly, with knowledge that they are all members of the said assembly, in prosecution of their common object and thereby, wrongfully restrained and assaulted the de facto BAIL APPL. NO. 3549 OF 2024 4 complainant and her relatives. The further allegation is that the 3rd accused hold on the shoulder of the sister of the de facto complainant and caught hold on her churidar and thereby, all accused alleged to have committed offences punishable under Sections 143 , 147, 341, 323, 354 r/w Section 149 of the IPC .

5. The learned counsel for the petitioners would submit that the petitioners are innocent. He also would submit that, going by the allegations also, the only non bailable offence under Section 354 of IPC , would not attract. Therefore, he offered co-operation in the matter of investigation and pressed for grant of anticipatory bail.

6. The learned counsel for the de facto complainant opposed grant of bail on the submission that when the de facto complainant, her husband and cousin sisters went for a festival, the accused herein attacked and subjected them for molestation on alleging that they went for immoral activities.

The learned counsel also submitted that, going by the facts of the case, accused Nos.1 to 5 acted as moral police and the time of occurrence would show their criminal intention and in such a case, the petitioners do not deserve bail.

BAIL APPL. NO. 3549 OF 2024 5

7. The learned Public Prosecutor also shared the argument of the de facto complainant and opposed grant of bail to the petitioners.

8. On scrutiny of the case records, the prosecution allegations are made out, prima facie and the time of occurrence is ‘4 hours’ (late hours after midnight). The same would suggest that the case of the prosecution is genuine.

However, the allegation that would suggest offence under Section 354 of the IPC is the contribution of the 3rd accused, though other accused are present at the scene of occurrence being members of the unlawful assembly. Since no injuries noted in the wound certificates of the de facto complainant and the relatives of the de facto complainant, I am inclined to grant anticipatory bail to accused Nos.1, 2, 4 and 5, while denying bail to the 3rd accused, who contributed overt acts in the matter of offence under of the .

In the result, the bail application is allowed in part. The anticipatory bail plea, at the instance of the 3rd petitioner/3rd accused, stands dismissed. Anticipatory bail is granted to petitioners/accused Nos.1, 2, 4 and 5, on the following BAIL APPL. NO. 3549 OF 2024 6 conditions:

i.

Petitioners/accused Nos.1, 2, 4 and 5 shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question them. In the event of their arrest, the Investigating Officer shall produce them before the jurisdictional court on the date of arrest itself.

ii.

On such production, the jurisdictional court shall release the petitioners/accused Nos.1, 2, 4 and 5 on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) each by themselves and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court.

iii.

Petitioners/accused Nos.1, 2, 4 and 5 shall co- operate with investigation and shall be made available for interrogation and for the purpose of