Ashokan K vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure ( “‘Code†for

short) by accused No. 1 to 5 respectively in crime No. 1794 of 2020 of the Neyyar Dam Police Station registered under sections 143, 147, 149, 294(b),

354, 452, 447, 323 and 324 of Indian Penal Code.

Owing to political enmity, on 16.12.2020 at about 7.00 PM, the petitioners are alleged to have formed an unlawful assembly armed with weapons

and threw stones at the house of the informant, consent to which the occupants which include a minor child are stated to have sustained minor injuries.

When the informant questioned the acts of the accused , the petitioners are alleged to have attacked her and her family members. It is also alleged

that one of the accused pulled on her clothes and outraged her modesty.

The learned counsel appearing for the applicants submitted that the applicants are innocent of all allegations. According to the learned counsel, a

counter case was registered as Crime No.1798 of 2020 of the Neyyar Dam Police Station at the instance of the wife of the 1st petitioner . The

accused in the said crime has been granted an order of pre arrest bail by the Court of Session. It is contended that no injuries were sustained by any

person and the allegations to that effect are baseless.

The learned Public Prosecutor has opposed the prayer.

I have considered the submissions and have carefully evaluated the records. It appears that at the instance of the wife of the 1st petitioner Crime

No.1798 of 2020 was registered on 18.12.2020. It also appears that the parties are near relatives. It does not appear from the records that any serious

injuries were sustained by the injured. The applicants are not reported to be persons with criminal antecedents. Having considered the facts and

circumstances, I am of the view that the custodial interrogation of the applicants is not necessary for an effective investigation in the instant case.

In the result, this application will stand allowed. The applicants shall appear before the Investigating Officer within ten days from today and shall

undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on each of them executing a bond for a sum of

Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

i) The applicants shall cooperate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months

or till final report is filed, whichever is earlier.

ii) 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/ her from

disclosing such facts to the court or to any police officer.

iii) They shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.