ORDER

Dated this the 15th day of February 2021 Petitioners are the accused in Crime No.1509/2020 of Nadakkavu Police Station. The above case is registered against the petitioners and others alleging offence punishable under Section 143, 147, 148, 452, 323, 324, 354 & 294(b) read with 149 IPC.

2. The prosecution case is that on 16.11.2020 at about 8.40p.m. all the accused formed themselves into an unlawful assembly with a common object to inflict injuries to the defacto complainant and her family. In prosecution of the common object of the assembly they trespassed into the residence of the defacto complainant at Subhash Nagar and beat on the defacto complainant and her son.

3. Heard learned counsel for the petitioners and learned Public Prosecutor.

4. The learned counsel for the petitioners submitted that the first petitioner obtained a house on mortgage and shifted his residence to the said place. In rainy season the rain water from the road flows to the compound resulting into water log in the premises of the house. Hence he put up a small bund restricting the flow of water inside the compound. It was removed by the defacto complainant and her son. On 16.11.2020 the petitioners were again engaged in the construction of bund and at that time there was a push and pull in which the incident happened. The learned counsel submitted that the only non-bailable offences alleged are under Section 452 and 354 IPC. Even if then their allegations are accepted offence under Section 452 and 354 IPC is not made out.

5. Learned Public Prosecutor opposed the bail application. Public Prosecutor submitted that the first petitioner is involved in another case also. But, the Public Prosecutor conceded that the above case is registered with bailable offence.

6. After hearing both sides I think the bail application can be allowed on stringent conditions. Admittedly, there was some property dispute between the petitioners and the defacto complainants. I don't want to make any observation about the merit of the case. The only non bailable offence alleged are under Section 452 and 354 IPC. In the facts and circumstances of the case whether the offence under Section 452 and 354 IPC are made out is a matter to be investigated by the Investigating Officer.

7. Considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:

1. The petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation.

2. After interrogation, if the Investigating Officer propose to arrest the petitioners, they shall be released on bail executing 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 officer concerned.

3. The petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the investigation and 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.

4. Petitioners shall not leave India without permission of the jurisdictional Court.

5. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

6. The petitioners shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of social distancing in the wake of Covid

19 pandemic.

7. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.