Bhagyalakshmi vs State Of Kerala

A. Badharudeen, J

This is an application for anticipatory bail, filed by the 2nd accused in Crime No.36/2023 of Santhanpara Police Station, Idukki.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The prosecution case is that, at 23.00 hrs on 16.1.2023, due to animosity towards the de facto complainant, accused Nos.1 to 5 formed into unlawful assembly with knowledge that they are all members of the said assembly, criminally trespassed upon the residence of the de facto complainant at Koonthappanatheri, Santhanpara and brutally assaulted the de facto complainant and thereby, they alleged to have committed offences punishable under Sections 143, 144, 147, 148, 452, 323, 326, 294(b) r/w Section 149 of the Indian Penal Code.

The learned counsel for the petitioner pressed for grant of anticipatory bail on the submission that, eventhough the de facto complainant sustained a fracture on his wrist, the same is the volition of the 1st accused, who beat him by using a stick. In fact, no specific overt acts alleged against the 2nd accused, who is the wife of the 1st accused. The learned counsel also submitted that the petitioner herein has no criminal antecedents and she is ready to co-operate with the investigation.

Opposing the plea of anticipatory bail, the learned Public Prosecutor would submit that accused Nos.1 and 4 were arrested and the other accused yet to be arrested. She also pointed out the necessity of custodial interrogation and recovery of weapons.

I have perused the First Information Statement given by Sri.Kannan, the de facto complainant, wherein, there is allegation that, all accused carried sticks before occurrence. But, the specific allegation is that, the 1st accused beat against the de facto complainant, by using a stick and also abused him. Thus, it appears that the fracture is contribution of the 1st accused and no specific allegation raised against the petitioner in the matter of assault, though she is alleged to be a member of unlawful assembly. Since the learned counsel for the petitioner submitted that the petitioner is ready to co-operate with the investigation, I am inclined to grant anticipatory bail to the petitioner, on conditions, with specific directions to subject herself for interrogation and recovery of weapons, if any, at her instance, on surrender.

Accordingly, the petition stands allowed and the petitioner can be enlarged on bail, on the following conditions:

i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner. In the event of her 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 bond for Rs.30,000/- (Rupees thirty thousand only) by herself and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court.

iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

iv. The petitioner, shall not, intimidate the witnesses or interfere with the investigation in any manner.

v. The  petitioner  shall  not  commit  any  offence  during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.