Abdul Latheef vs State Of Kerala

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

The petitioner herein is arrayed as the 1st accused in Crime No.105/2018 of the Chalissery Police Station, registered under Sections 143, 148,341, 308, 506 (ii) read with Section 149 of the IPC.

The informant is the driver of a stage carriage bus plying in the Guruvayur-Pattambi road. The prosecution allegation is that, on 5.2.2018, at about 5.40 p.m, while the said bus reached Chalippram, the petitioner herein and the rest of the accused entered the bus and assaulted him. The specific allegation is that the petitioner inflicted injury with a Jacky lever which resulted in the informant sustaining a contusion on his hand.

The learned counsel appearing for the petitioner submitted that the allegations are without basis. The informant used to drive the bus recklessly through the public road and this was questioned by the public. Using his power and pelf, the owner of the bus has managed to register the crime to silence the petitioner and others.

The learned Public Prosecutor has opposed the prayer.

I have considered the submissions and have gone through the case diary. The wound certificate reveals that the only injury sustained by the victim is a contusion on his hand. The petitioner is not a person with criminal antecedents.

Having regard to the nature and gravity of the allegations, the antecedents of the petitioner and attendant facts, the custodial interrogation of the petitioner does not appear to be necessitous for an effective investigation.

In the result, this petition will stand allowed. However, it shall be subject to the following conditions:

i).The 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 petitioner shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for one month or till final report is filed, whichever is earlier.

iii)The 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 petitioner shall not commit any similar offence while on bail.

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.