Basheer K.P And Ors vs State Of Kerala

This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

The petitioners are the accused in Crime No.102/2021 of Iritty Police Station. The offences alleged are under Sections 341, 294(B), 323, 506 and 354 r/w 34 of IPC.

The prosecution case in short is that on 17/3/2021, when the defacto complainant and others were returning after completing their coolie work, the petitioners assaulted them and further twisted the hand of the defacto complainant with intention to outrage her modesty and thereby committed the offence.

Heard both sides and perused the case diary.

The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.

The only non bailable offence alleged is u/s 354 of IPC. There are no ingredients to attract the said offence. The only allegation is that the petitioners twisted the hand of the defacto complainant. There is nothing to suggest that the said act was done with intention of outraging her modesty. Moreover, a counter case has been registered against the defacto complainant and 8 others as Crime No.101/2021 by the Iritty Police Station on the allegation that they attacked the petitioners. Considering the allegations levelled against the petitioners, the custodial interrogation of the petitioners does not appear to be necessary. For all these reasons, the petitioners are entitled to pre-arrest bail on conditions.

In the result, the application is allowed on the following conditions:-

(i) The petitioners shall be released on bail in the event of their arrest on executing a bond for `1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The petitioners shall fully co-operate with the investigation, including subjecting themselves to the deemed police custody for the purpose of discovery, if any, as and when demanded.

(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioners shall also appear before the investigating officer as and when required by him.

(iv) The petitioners shall not commit any offence of like nature while on bail.

(v) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioners shall not leave State of Kerala without the permission of the trial Court.