Arun vs State Of Kerala

Mohammed Nias C.P., J.

This application is filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail.

The petitioner is the first accused in Crime No.740/2023 of Chalissery Police Station, Palakkad District, for having allegedly committed offences punishable under Sections 341, 324, 308 r/w Section 34 of the Indian Penal Code.

The prosecution allegation is that, on 25.08.2023 at about 6.30 p.m., an altercation took place at Chalissery main road in connection with the parking of a vehicle, and the first accused pushed the victim and beat him with a wooden reaper. The second accused hit him with a stone, and the third accused beat him with another reaper. It is further alleged that had the victim not evaded the attack, it would have resulted in his death and thereby committed the offence.

The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

It is seen that by Annexure A4 order dated 16/10/2023 in B.A.No.8686/2023, anticipatory bail was granted to the fifth accused and by Annexure A5 order dated 30/11/2023 in B.A.No.10357/2023 the second accused was granted anticipatory bail and by Annexure 6 order dated 05/02/2024 in B.A.No.11073/2023 the fourth accused was granted anticipatory bail. In view of the above and on parity, the first accused is also granted anticipatory bail.

Accordingly, this application is allowed, and the petitioner granted bail subject to the following conditions:-

(i) The petitioner is directed to surrender before the Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

(ii) On such production, the jurisdictional court shall release the petitioner on bail, on executing a bond for Rs.25,000/- (Rupees Twenty-five thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(iii) The petitioner shall cooperate with the investigation and shall make himself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs to do so.

(iv) The petitioner shall not intimidate the witnesses or interfere with the Investigation in any manner.

(v) The petitioner shall not be involved in any offence while on bail.

(vi) If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.