Haridev vs State Of Kerala

Mohammed Nias C.P., J

Apprehending arrest in Crime No.927 of 2023 of Koratty police station, Thrissur, registered for offences under Sections 452, 323, 324, 294(b), 308 and 34 of the Indian Penal Code, the 3rd accused has filed this petition.

The prosecution allegation is that, on 30.08.2023 at about 12 a.m, the accused No.1 to 3, along with another person, criminally trespassed into the house of the defacto complainant at Pindani and subjected him to severe physical torture by hitting with an iron rod by the 1st accused, inflicting blows with a wooden reed by the accused No.3 and 4, and fisting by the 2nd accused, causing serious injuries. It is stated that the defacto complainant would have suffered death if he had not dodged away from the assault of the accused No.1, 3 and 4 with weapons and the 2nd accused with bare arms.

The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

On hearing the learned counsel on either side and perusing the available materials, considering the fact that the overt act alleged against the petitioner is minimal and also perusing the wound certificate produced by the defacto complainant, I do not find that custodial interrogation of the petitioner is necessary, taking note of the fact that the recovery has already been effected.

Therefore, I am inclined to grant anticipatory bail to the petitioner on the following conditions:-

(i) The petitioner is directed to surrender before the Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

(ii) On  such  production,  the  jurisdictional  court shall release the petitioner on bail, on executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(iii) The petitioner shall cooperate with the investigation and shall make himself available for interrogation and for the purpose of investigation as and when the Investigating Officer directs to do so.

(iv) The petitioner shall not intimidate the witnesses or interfere with the Investigation in any manner.

(v) The petitioner shall not be involved in any offence while on bail.

(vi) If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.