Ameer Khan vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.5/2022 of Pathanamthitta Police Station alleging commission of offences under Sections 294 (b) and 332

of the Indian Penal Code.

The allegation against the petitioner is that he shouted obscenities against a Civil Police officer attached to the Pathanamthitta Police Station and

also caught hold of on the collar of his shirt and pulled him to the ground and also caused hurt to his right hand and deterred him from discharging his

duty and thereby the petitioner committed the offences alleged against him.

The learned counsel for the petitioner submits that the allegations against the petitioner are false and baseless. It is submitted that the petitioner

gone to the police station in connection with a compliant filed against him by his wife. It is submitted that actually the de facto complainant had

behaved badly with the petitioner and thereafter he had given the information which led to registration of the above crime raising false and

unsubstantiated allegations. It is submitted that the petitioner has been in custody from 02-01-2022 and his continued detention is not necessary for the

purpose of any investigation.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor points out the circumstances against the petitioner from records. It

is submitted that according to the de facto complainant when he had warned the petitioner from using obscene language in the police station, the

petitioner had attacked and hurt him in the manner indicated above.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 02-01-2022 and his

continued detention may not be necessary for the purpose of any investigation, (since a final report has already been filed in the matter) I am inclined

to grant bail to the petitioner subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.5/2022 of Pathanamthitta Police Station as and when summoned to do so;

(iii) The petitioner shall not attempt to influence or intimidate any witness in Crime No.5/2022 of Pathanamthitta Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.5/2022 of Pathanamthitta Police Station may file an application

before the jurisdictional Court for cancellation of bail.