O R D E R

Petitioners who are husband and wife got arrayed as accused Nos.1 and 2 in Crime No.206/2022 of Pazhayannur Police Station seek the relief of pre-arrest bail in this petition filed under Section 438 of Cr.P.C. 2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

3. Here the prosecution alleges commission of offence under Sections 341, 323, 506 read with 34 of the IPC as well as under Section 31(1) of Protection of Women from Domestic Violence Act, 2005 (“PWDV Act” for short). Out of which 31(1) of “PWDV Act” is the non bailable offence. The prosecution case is that on 10.04.2022 at about 19.30 hours, the 1st accused disobeyed the protection order given by the learned Magistrate under the “PWDV Act” and thereby committed offence under Section 31(1)

of the “PWDV Act” .

4. The learned counsel for the petitioners submitted that the petitioners are innocent and they are not aware of the interim exparte order passed by the Magistrate and therefore, they have not violated the order willfully. He offered co-operation in the matter of investigation and thereby pressed for granting anticipatory bail.

5. The learned Public Prosecutor opposed the bai