Charles And Ors vs State Of Kerala And Ors

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

The petitioners are the accused Nos.1 and 2 in Crime No.180/2021 of Pallithottam Police Station, Kollam. The offences alleged are under Sections

294(b), 341, 323 and 354 r/w Section 34 of IPC.

The prosecution case in short is that on 21/3/2021, at 9.00 p.m., the first petitioner uttering obscene words assaulted the mother of the defacto

complainant on her left cheek and when the defacto complainant interfered, the first petitioner assaulted her who fell down, thereupon the 2nd

petitioner kicked on her back 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.

A perusal of the FI statement would show that there are no ingredients to attract the offence u/s 354 of IPC. The petitioners have no criminal

antecedents. Considering the allegations levelled against the petitioners, their custodial interrogation 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.