Arun R vs State Of Kerala

Shircy V, J

Application for pre-arrest bail.

The petitioners are accused Nos. 1 to 4 in Crime No. 132 of 2021 of Thumba Police Station registered for the offences punishable under Sections

294(b), 323, 324, 326 and 34 of the Indian Penal Code. Â

The prosecution allegation is that, on 21.02.2021 at about 8.30 p.m. the accused persons have wrongfully restrained the defacto complainant with

the intention to attack him and abused him with filthy language and the 1st accused had hit him with a wooden stick on his shoulder causing fracture

and other accused persons fisted him and aided the 1st accused to cause injuries and thereby committed the aforesaid offences.

According to the learned counsel for the petitioners, they have been falsely implicated in this case by the defacto complainant who is entertaining

enmity towards him. In fact they are innocent and they have not committed any offence as alleged by the prosecution.

This application is vehemently opposed by the learned Public Prosecutor by pointing out the criminal antecedents of the 1st accused who is involved

in four other crimes. It is also submitted by the learned Public Prosecutor that the active participation of the 1st accused in causing fracture to the

defacto complainant is revealed from the prosecution records though the other accused persons have caused only minor injuries by fisting him.

Considering the nature of the injuries caused to the defacto complainant, the active participation of the 1st accused in causing fracture to the

defacto complainant, his criminal antecedents, I think that he is not entitled to get pre-arrest bail as requested by the learned counsel for the

petitioners. Therefore, as the 1st petitioner is concerned, this application stands dismissed.

As far as petitioners 2 to 4 are concerned they are not having any criminal antecedents and they have not indulged in the attack to cause fracture to

the defacto complainant. So, considering the entire facts involved in this case and the involvement of petitioners 2 to 4, I think that they can be granted

pre-arrest bail.

Petitioners 2 to 4 shall surrender before the Investigating Officer between 10 a.m. and 11 a.m. on 11.06.2021. Upon their surrender they shall be

released on bail subject to the following conditions:

(i) Petitioners 2 to 4 shall be released on bail after interrogation, by each of them executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two

solvent sureties for the like sum each.

(ii)They shall appear for interrogation before the Investigating Officer as and when required by him in writing. They shall co-operate with the investigation of the

case.

(iii) They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) They shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.