Alikutty K K And Ors vs State Of Kerala

The petitioners are the accused in Crime No.75/2021 of the Tirur Police Station, registered for offences punishable under Sections 143, 147, 148, 341, 323, 324, 354 and 506 r/w 149 of IPC.

The gist of the prosecution allegation is that, at 16.00 hours on 24.01.2021, the petitioners, in furtherance of their common intention, formed themselves into an unlawful assembly, wrongfully restrained and voluntarily caused hurt to the de facto complainant and her family members using dangerous weapons and also outraged the modesty of the de facto complainant.

According to the petitioners, the incident is a cooked up story and filed as a counter blast to Crime No.65/2021 registered against the de facto complainant's husband based on the same incident and that root cause is the civil dispute between the petitioners and the de facto complainant, who are immediate neighbours.

The learned Public Prosecutor has raised strong objection against grant of anticipatory bail to the petitioners.

From the available materials, it is evident that the incident is the off shoot of a civil dispute between the petitioners and the de facto complainant. Further, Crime No.65/2021 was registered against the husband of the de facto complainant prior to registration of the instant crime. Having considered the seriousness of the offences alleged and gravity of the injuries sustained, I am of the opinion that this case does not warrant custodial interrogation of the accused.

In the result, the prayer for grant of anticipatory bail is allowed, subject to the following conditions.

(i) The petitioners shall appear before the investigating officer within two weeks from the date of receipt of a copy of this order upon which the investigating officer will be at liberty to interrogate the petitioners.

(ii) In the event of their arrest, the petitioners shall be released on bail by the investigating officer on execution of bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties for the like sum.

(iii) The petitioners shall co-operate with the investigation and shall not in any manner, intimidate or threaten the de facto complainant and other witnesses.