ABDUL JABBAR & ANR. vs STATE OF KERALA

This petition is filed under Section 438 of the Code of Criminal Procedure.

The petitioners herein are the accused Nos.1 & 3 in Crime No.1789 of 2017 of Kilimanoor Police Station, registered alleging offence

punishable under Sections 143, 147, 148, 149, 341, 323, 324, 294(b) and 326 of the IPC.

Prosecution allegation is that on 21.11.2017 at 8.10 p.m while the de facto complainant had come out from a Mosque, the 2nd petitioner

identified the petitioner and immediately thereafter the 1st petitioner pounced on him with an iron rod and inflicted repeated blows causing serious

injuries.

The learned counsel appearing for the petitioner went to great lengths to contend that the petitioners were roped in with dubious motive. It is

urged that the injury sustained by the informant is very minor .

The learned Public Prosecutor while opposing the prayer referred to the wound certificate and pointed out that very grave injuries were

sustained by the victim. He fairly submitted that the 2nd petitioner is not attributed with any overt act .

I have considered the submissions advanced. Insofar as the 1st petitioner is concerned, specific overt act has been alleged. He is not entitled to

an order of pre-arrest bail. However, that is not the case with the 2nd petitioner. In the facts and circumstances, I am of the considered view that

an order of pre-arrest bail can be granted to the 2nd petitioner as his custodial interrogation does not appear to be warranted .

In the result, this application is partly allowed. The petition filed by the 1st petitioner will stand dismissed. The petition filed by the 2nd petitioner

will stand allowed. However, it shall be subject to the following conditions.

i).The 2nd petitioner shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is

proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two

solvent sureties each for the like sum.

ii)The 2nd petitioner shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed.

iii)The 2nd petitioner 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/her from disclosing such facts to the court or to any police officer.

iv)The 2nd petitioner shall not commit any similar offence while on bail.

v) If he surrenders before the court concerned, this order shall not be applicable and the jurisdictional court may pass appropriate orders.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any,

and pass appropriate orders in accordance with the law.