Anticipatory bail can be granted under stringent conditions in serious offence cases if the accused is not likely to obstruct justice.

O R D E R

This is an application for anticipatory bail.

2. The petitioner is accused No.1 in Crime No.1104/2022 of Mala Police Station, Thrissur alleging commission of offences punishable under Sections 341 , 323, 324, 363, 452 and r/w Section 34 of the IPC .

3. The prosecution allegation is that, on 16.10.2022 at

1.00 pm, two identifiable persons trespassed into the property of the defacto complainant at Meladoor enquiring about the defacto complainant's son. It is further alleged that on the same day at 6.45 pm, again two identifiable persons, with a wooden log trespassed into the property of the defacto complainant, one among them pushed and assaulted the victim using the wooden log. It is also alleged that all the accused had taken the victim in a vehicle and assaulted him. Thus the above offences are alleged against the petitioner.

4. The learned counsel for the petitioner submitted that he is falsely implicated in the above said crime and the victim had posted a photo with the niece of the petitioner in social media. The petitioner had informed the victim to remove the photos from the social media but he refused to delete the same. Then the petitioner went to the house of the victim by evening and met his father. While the petitioner was discussing about the matter with the defacto complainant, the victim came there and again he refused to delete the photos and asked the petitioner to leave the home. The petitioner remained there, suddenly, the victim took a blade and inflicted injury on his neck and wrist. Being frightened by this act, the petitioner took the victim to the hospital in his vehicle. In the meanwhile, the defacto complainant lodged a false complaint against the petitioner and the present crime is registered. It is further submitted that a complaint was registered regarding the publishing of the nude photo of the petitioner's niece in the social media and a Crime was registered against the defacto complainant as Crime No.617/2022 by the Kalady Police Station, Ernakulam. The petitioner's further case is that another crime was also registered by the Kozhikode Town Police Station as Crime No.713/2022, on a complaint preferred by the niece of the petitioner herein.

5. The learned Public Prosecutor opposed the application for bail mainly contending that petitioner along with four other persons went to the house of the defacto complainant, and in order to escape from the hands of the petitioner and other accused he inflicted injuries to himself. It is further submitted that accused Nos.2, 3, 4 and 5 are involved in several other criminal cases but submitted that the petitioner has no other criminal antecedents.

6. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am inclined to grant bail to the petitioner but taking note of the serious nature of the allegations, the same shall only be on stringent conditions. In the result, this application is allowed. It is directed that the petitioner shall surrender before the investigating officer on 20.12.2022, at 11 a.m, and subject himself for interrogation on that day and or any other day/days as directed by the investigating officer. The petitioner shall co- operate with the investigation. In the event of arrest of the petitioner in Crime No.1104/2022 of Mala Police Station, Thrissur, he shall be produced before the jurisdictional Court on the very same day and shall be released on bail, subject to the following conditions:-

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

(ii) The petitioner shall appear before the investigating officer in Crime No.1104/2022 of Mala Police Station, Thrissur, on every Saturday, at 11 am, until the filing of the final report;

(iii) Petitioner shall appear before the investigating officer in Crime No.1104/2022 of Mala Police Station, Thrissur as and whe