ORDER

Application for pre-arrest bail.

2. The petitioners who are arraigned as the accused Nos.1 and 2 in Crime No.2315 of 2021 of Kottayam East Police Station registered for the offences punishable under Sections 451, 294(b), 506(i), 511 and 436 r/w Section 34 of the Indian Penal Code, have moved this application under Section 438 of the Code of Criminal Procedure.

3. The prosecution allegation is that due to the enmity of these petitioners towards the defacto complainant, on 15.10.2021 at about 10.00 pm had hurled a bottle with petrol with the intention to cause damages to his residence. They have also trespassed into the house and threatened and intimidated him with a sword and abused him. Thereby, they have committed the aforesaid offences.

4. Heard both sides.

5. The learned counsel for the petitioners would submit that due to the political animosity, they have falsely implicated in this case. In fact, there is no material to show that they have committed the alleged offences. They are totally innocent of the allegations levelled against them. Still they apprehend unnecessary arrest and hence this application.

6. The learned Public Prosecutor has submitted that the investigation of the case is only in progress.

7. The definite allegation against these petitioners is that they have attempted to cause fire to the house by throwing a bottle filled with petrol and they have also trespassed into the house of the defacto complainant with the intention to attack him. But the copy of the mahazar would indicate that nothing has been found inside the house, so as to infer at this stage that they have attempted to set fire to the house by throwing a bottle filled with petrol.

8. Of course some broken glass pieces were found outside the house. Though the learned counsel has submitted that the second petitioner/the 2nd accused is having criminal antecedents, there is no allegation that the first accused is having any criminal antecedents or criminal backgrounds. So also it is revealed that the defacto complainant has not sustained any injury and no damage was caused to the residential house also.

Having regard to the nature of the accusation levelled against these petitioners as well the other facts and circumstances involved in this case, I think that this application can be disposed of directing them to surrender before the investigating officer on 04.01.2022 between 10.30 am and 12 noon. Upon their surrender, after recording their arrest, interrogation and recovery if any, shall be released on bail on the very same day subject to the following conditions :-

(i) The petitioners shall execute bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties for the like sum each to the satisfaction of the

investigating officer.

(ii) They shall appear before the Investigating Officer for

interrogation as and when required by him, in writing.

(iii) They shall co-operate with the investigation and trial of the case.

(iv) They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(v) They shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.