Bijoy P. John vs State Of Kerala

This application is filed under Section 438 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No.729/2021 of Thiruvalla Police Station. The offences alleged against the petitioner are punishable under Sections 506, 324 and 326 of the IPC.

The prosecution case is that on 04.04.2021 at 9 a.m., when the defacto complainant and his daughter were walking towards their house, the accused attempted to take the video of their movement. They questioned the act of the defacto complainant. A scuffle occurred and the accused took a piece of stone and hit on the face and forehead of the defacto complainant causing injuries. The defacto complainant sustained a hairline fracture on the facial bone under the right eye.

The case of the petitioner is as follows:

The defacto complainant is the first cousin of the petitioner. The defacto complainant and the petitioner have been living in inimical terms consequent to a civil dispute. The defacto complainant had preferred a complaint against the petitioner before the Panchayath Authorities. On the alleged date of occurrence, a scuffle occurred between the parties in which the defacto complainant fell on the ground and sustained some minor injuries.

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

The learned Public Prosecutor submitted that the custodial interrogation of the petitioner is not required. The learned Public Prosecutor further submitted that the prosecution has no serious objection in granting bail to the petitioner provided he is ready to cooperate with the investigation.

The learned counsel for the petitioner submitted that the petitioner is a person having some psychological disorder and is undergoing treatment from M.G.D.M. Hospital, Kangazha from 2019 onwards. It is further submitted that the petitioner has not intentionally committed any acts as alleged.

Having gone through the materials, this Court is of the view that the custodial interrogation of the petitioner is not required. The parties are close relatives and civil disputes are pending between them.

The materials available lead me to conclude that there is some doubt as to the mens rea of the petitioner in the commission of the alleged acts. There is no possibility of the petitioner to flee from justice. Considering the entire circumstances, I am of the view that the petitioner could establish a prima facie case for getting the benefits contemplated under Section 438 of the Code of Criminal Procedure.

In the result, this Bail Application is allowed as follows :

(i) The petitioner shall appear before the Investigating Officer on 10.05.2021, for interrogation.

(ii) The investigating officer is directed to release the petitioner, on bail, in the event, he is arrested, on his executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum.

(iii) The petitioner shall appear before the Investigating Officer as and when required.

(iv) The petitioner shall not interfere with the process of investigation. The petitioner shall not influence or intimidate the witnesses in this case.