George Thomas @ Sibichan vs State Of Kerala

Shircy V, J

Apprehending arrest in connection with Crime No.888 of 2020 of Chittar Police Station registered for the offences punishable under Sections

294(b), 323, 354, 452 and 506 r/w Section 34 of the Indian Penal Code, this petitioner, who is the second accused has moved this application for pre-

arrest bail under Section 438 of the Code of Criminal Procedure.

The prosecution case in short is as follows :-

This petitioner along with the first accused on 22.10.2020 at about 10.30 am trespassed into the residential compound of the defacto complainant with

a deadly weapon and abused her in filthy language and attempted to assault her and her husband. They have also attempted to outrage her modesty by

using criminal force and also attacked the son of the defacto complainant.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner would submit that this petitioner is totally innocent of the allegations levelled against him. In fact, he is a

patient undergoing treatment in connection with kidney ailment. The first accused has already been arrested and he has been released on bail.

Highlighting his physical condition as well pointing out that he has no role in committing the alleged offences, this application is moved by the learned

counsel for the petitioner.

The learned Public Prosecutor on instruction submitted that the investigation of the case has progressed considerably and the first accused has been

arrested and released on bail.

On hearing both sides and on perusal of the materials on record, I could not find any justification to think that the investigating agency could proceed

with the investigation only after getting this petitioner also in custody. The materials on record indicate that recovery of the material object has already

been effected. So for the purpose of investigation, the presence of this petitioner is not required in custody. Therefore, this application for pre-arrest

bail is granted to the 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 his arrest.

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

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

(iv) He 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) He 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.