DILEEP vs STATE OF KERALA

This petition is filed under section 438 of the Code of Criminal Procedure.

The petitioner herein is the 2nd accused in Crime No.243 of 2018 of the Kayamkulam police station, registered alleging offences punishable

under Sections 341 and 332 of the IPC.

The prosecution allegation is that on 22.01.2018, a car bearing Reg. No.KL-04/Q-1286, was intercepted by the Sub Inspector of Polilce,

Kayamkulam Police Station. It was found that the driver was under the influence of alcohol. When the officer attempted to take the vehicle to the

police station, the petitioner herein, who is the registered owner of the vehicle, arrived at the scene. An altercation ensued and it is alleged that the

petitioner pulled the officer out of the car and assaulted him. When a civil police officer intervened, the petitioner is alleged to have assaulted him as

well. On these allegations, the aforesaid crime was registered.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent. According to the learned counsel, on the date of

incident, the petitioner and his family members had gone to the temple and while returning back, he was told that his car was taken custody of by

the police. He came to the spot and when he enquired with the officer about what had happened, the officer came out of the vehicle and brutally

assaulted him. When his sister, whose marriage is scheduled to be held on 4.2.2018 intervened, she was pushed to the ground. The learned

counsel refers to Annexures-2 and 3 wound certificates issued by the Medical Officer, Taluk Office, Kayamkulam. In Annexure-2, the doctor has

noticed marks of violence all over the body of the petitioner and also a lacerated wound on the back of his head. Annexure-A3 is the wound

certificate of the sister of the petitioner. According to the learned counsel, the petitioner was brutally assaulted by the police and a vexatious crime

has been registered against him.

The learned Public Prosecutor has opposed the prayer. It is submitted that the petitioner had assaulted the police personnel and had deterred

them from discharging their official duties.

I have considered the submissions and have gone through the materials on record.

Annexure-2 wound certificate produced by the petitioner would reveal that he was assaulted and he had sustained injuries all over his body.

Though it is alleged that the police officers were assaulted by the petitioner herein, no injuries are seen sustained by them. From Annexure-5 it

appears that the marriage of the sister of the petitioner is scheduled to be held on 4.2.2018.

Having regard to the nature and gravity of the allegations, the materials in support thereof, the severity of the punishment which conviction would

entail, the character and antecedents of the petitioner, the possibility of the petitioner fleeing from justice and other facts and circumstances, I am of

the view that custodial interrogation of the petitioner is not necessitous for a proper investigation.

In the result, this petition will stand allowed, subject to the following conditions:

i).The petitioner shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is

proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two

solvent sureties each for the like sum.

ii)The petitioner shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11

a.m., for two months or till final report is filed, whichever is earlier.

iii)The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him/ her from disclosing such facts to the court or to any police officer.

iv)The petitioner shall not commit any similar offence while on bail.

v) The petitioner shall not leave the Country without the prior permission of the court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if

any, and pass appropriate orders in accordance with the law.