ORDER

This is an application for anticipatory bail.

2. Petitioner is the 1st accused in Crime No.1535 of 2021 of Anchuthengu Police Station, Thiruvananthapuram registered alleging commission of offences punishable under Sections 341, 294(b), 506 and 427 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case is that on account of the previous enmity towards the defacto complainant as he refused an amount of Rs.15,000/- demanded by the 1st accused, the accused with an intention to cause injury and hurt to the defacto complainant on 23.12.2021 at about 8.30 p.m. trespassed into the ice plant of the defacto complainant, armed with deadly weapons saying that they would not allow him to run the ice plant without providing the amount demanded by them. Thereafter on 24.12.2021 at about midnight, the accused came to the house of the defacto complainant and the 1st accused created noise by hitting the sword on the gate. When the wife of the defacto complainant came out to see what was happening there, the 1st accused abused her in filthy language and threatened her that they would do away with the defacto complainant. They caused destruction to the gate thereby the defacto complainant has sustained damage to the tune of Rs.20,000/-. Hence it is alleged that the accused committed the offences punishable under the abovesaid Sections.

4. The case of the petitioner is that he has been falsely implicated in the abovesaid crime. There was earlier monetary transactions between them and due to certain difference of opinion the present case has been filed against the petitioner. It is submitted that except for Section 27 of the Arms Act, all other Sections are bailable. Specific case of the petitioner is that provisions of the Arms Act are not applicable since the area is not notified as per the provisions of the Act and the petitioner relies on the judgment of this Court in Jinu v. State of Kerala, 2017 (5) KHC 565.

5. Learned Public Prosecutor upon instructions submitted that the prosecution allegation is that the defacto complainant and his wife were threatened for non payment of money demanded by the 1st accused and they were threatened by using a sword. Learned public prosecutor further submitted that petitioner has serious criminal records of having involved in 15 other criminal cases. Learned public prosecutor upon instructions further submitted that the area is not a notified area and therefore provisions of Section 27 of Arms Act are not applicable and that all other offences alleged are bailable.

Considering the facts and circumstances of the case and the nature of the allegations, I am of the opinion that bail can be granted to the petitioner, but on stringent conditions. The petitioner shall surrender before the investigating officer on 18.07.2022 and co-operate with the investigation. In the event of arrest of the petitioner in connection with Crime No.1535 of 2021 of Anchuthengu Police Station, Thiruvananthapuram, he shall be produced before the jurisdictional Magistrate and shall be released on bail on the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(ii) He shall appear before the investigating officer on all Saturdays at 11.00 a.m. till filing of the final report.

(iii) He shall not enter the police station limits of Anchuthengu Police Station for a period of six months except for compliance with condition No.(ii) or to attend any court proceedings.

(iv) He shall not tamper with any evidence.

(v) He shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer.

(vi) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating Officer