Biju vs State Of Kerala

K.Haripal, J

Petitioner is the 1st accused in Crime No.492/2021 of Pangode police station registered on 24.05.2021 alleging offences punishable under Sections 452, 294(b), 324, 308, 506 read with Section 34 of the IPC. The crime was registered on the strength of the first information given by one Thulaseedharan. The defacto complainant and the 2nd accused were having a living together relationship and a child was born in the relationship and thereafter they parted company and then some arrangement was made for paying the maintenance of the child. It is alleged that at that time, the accused had reached the residence of the defacto complainant and assaulted and injured him and his friend Shibulal using a square pipe. The earlier application for bail moved by the petitioner and the 2nd accused was considered and by Annexure-B order, the application og the 2nd accused, being a lady was allowed. However, the application for anticipatory bail moved by the petitioner, as the 1st accused was rejected on the premise that the weapon of offence used against the defacto complainant and Shibulal needs to be recovered. Now the petitioner has moved again; according to him, the weapon has already been recovered and the investigation has progressed to final stage and therefore, his custodial interrogation is not necessary.

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

Referring to the case diary extracts, the learned Senior Public Prosecutor submits that weapon of offence was recovered from the place of occurrence itself and that it has been sent to the court. That means, for the purpose of recovering the weapon of offence, custodial interrogation of the petitioner is not warranted. Had this fact been brought to the notice of the Court, his application for anticipatory bail would have been considered favourably, at that stage itself.

Whatever it may be, considering the relationship between the defacto complainant and the accused and having regard to the fact that weapon of offence has already been recovered, there is no necessity of his custodial interrogation. The prosecution has no case that he has criminal antecedents to his credit.

Therefore, the petitioner is at liberty to surrender before the Investigating Officer, within ten days from today and will make himself available for interrogation; if his arrest requires to be recorded, after recording the same he shall be released on bail on executing bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail; he shall appear before the Investigating Officer/ Court as and when required.

The bail application is allowed as above.