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Judgment
C.S.Sudha, J
This is an application under Section 438 Cr.P.C. for per-arrest bail filed by the petitioner/accused in Crime No.847/2021 of Kayamkulam Police Station, Alappuzha District. The petitioner is alleged to have committed the offences punishable under Sections 342 and 308 of IPC.
The prosecution case is that due to prior enmity, the accused on 17.08.2021, with intention of assaulting and causing injuries to the informant, on the said day, beat him with a liquor bottle on his head and also caused injury on his neck with a piece of a broken bottle. Hence, the accused is alleged to have committed the offences punishable under the above mentioned Sections.
The application is opposed by the learned Public Prosecutor on the ground that the investigation has not been completed and that there is every possibility of the petitioner/accused interfering with the investigation by influencing or threatening the witnesses.
It is submitted by the learned counsel for the petitioner/accused that the petitioner is innocent of the offences alleged against him. The incident is alleged to have taken place on 17.08.2021. However, the FIR is seen registered only on 20.08.2021. The delay has not been explained. Further, the offence alleged to have been committed was initially only under Section 324 IPC. After a period of about 20 days, the police has incorporated the offence under Section 308 IPC also. It is also submitted that the petitioner/accused has no criminal antecedents.
Heard both sides. Perused the records.
As pointed out on behalf of the petitioner/accused, it is seen that there is about three days delay in registering the FIR. On a perusal of the copy of the wound certificate handed over by the learned Public Prosecutor, the injuries sustained do not seem to be grievous.
Custodial interrogation does not appear to be necessary in this case.
In the said circumstances, I am of the opinion that pre-arrest bail can be granted.
In the result, the application is allowed subject to the following conditions :
(i) The petitioner in the event of his arrest in the aforesaid crime shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each.
(ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 12 noon till the final report is filed. He shall also appear before the Investigating Officer as and when required by the latter.
(iii) The petitioner shall co-operate with the investigation and he shall not intimidate or influence the witnesses in any manner or interfere with the investigation.
(iv) The petitioner shall not commit any offences while on bail.