Fathima vs State Of Kerala

Shircy V, J

Application for pre-arrest bail.

The petitioner is the third accused in Crime No.204 of 2021 of Tirur Police Station registered for the offences punishable under Sections 447, 324,

323, 308 r/w Section 34 of the Indian Penal Code, apprehending arrest has filed this application.

The prosecution allegation is that on 15.03.2021 at 20.00 hours, this petitioner along with the other accused had assaulted the defacto complainant,

the wife of the first accused and caused injuries to her.

Heard both sides.

The learned counsel for the petitioner submits that a lady aged 51 years has been falsely implicated in the case at the instigation of the defacto

complainant. In fact, she is totally innocent of the allegations levelled against her. Still she apprehends arrest and hence this application.

The learned Public Prosecutor submitted that the first and second accused were already arrested and released on bail and the investigation of the

case is well in progress.

The injuries sustained by the defacto complainant are very minor in nature and she had to remain in the hospital only for one day.

Having regard to the nature of the injuries sustained by the defacto complainant as well the fact that the first and second accused were already

released on bail, I think that custodial interrogation of this petitioner may not be necessary to proceed with the investigation of the case, which is

already well in progress. Therefore, I am inclined to grant pre-arrest bail to this petitioner subject to the following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to

the satisfaction of the investigating officer in the event of her arrest.

(ii) She shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii)She shall co-operate with the investigation and trial of the case.

(iv) She 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 from

disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) She shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.