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AMAL P. ASOKAN vs STATE OF KERALA,

High Court Of Kerala · Decided on 26 October 2017 · Citation: (2017) 10 KL CK 0018

HON’BLE JUDGES
A.M.Babu
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-438>Section 438</a> - Direction for grant of bail to person apprehending arrest · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-324>Section 324</a>, <a href=1767-148>Section
CASE NUMBER
6997 of 2017
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Judgment

40 paragraphs · 393 words
1.

Petitioner is the third accused in crime no.2847/2017 of

Perumbavoor police station. He is alleged to have committed

along with others offences punishable under Secs 143, 148,

294 (b), 324, 341, 452 and 506 of IPC read with IPC 149. The

petitioner seeks bail under Sec.438 of Cr.P.C .

2.

The prosecution case is as follows: The incident took

place at 1.00 p.m on 3.9.2017. The accused persons

trespassed into the house of the first informant and inflicted

injuries on her and her children with sticks.

3.

Heard the learned counsel for the petitioner and the

learned public prosecutor.

4.

The petitioner has his own version of the incident. It

is not necessary to go into that version. I am told by the

learned counsel for the petitioner that accused 5 and 6 in the

same crime case has been granted bail under Sec.438 of Cr.P.C

by this court in BA No.7110/2017. I am shown a copy of the

said order. This court has said in the said order that the victim

sustained only minor injuries. It is stated that sharp edged or

heavy weapon was not used. It was therefore found that there

was no necessity for any custodial interrogation on the

petitioners therein. As accused 5 and 6 have been granted

bail, there is no reason why the petitioner should be denied a

similar treatment. I therefore allow the application.

5.

The application is allowed. If arrested in connection

with crime no.2847/2017 of Perumbavoor police station, the

petitioner shall be released on bail after interrogation on his

executing a bond for Rs.25,000/-(twenty five thousand only)

with two solvent sureties each for the like sum to the

satisfaction of the investigating officer. The petitioner shall

report to the investigating officer between 10.00 a.m and 11.00

a.m on every Friday for a period of two months or till the filing

of the final report, whichever is earlier. The petitioner shall

refrain from intimidating or attempting to influence witnesses;

nor shall he destroy or tamper with evidence. The court

concerned is hereby empowered to cancel the bail in

accordance with law if any of the above conditions is violated.

If the petitioner surrenders before the court concerned, this

order shall have no effect and the said court will pass

appropriate orders in accordance with law as if this order has

not been passed.