Johny @ Johny P.Chacko vs State Of Kerala

C.S. Sudha, J

This is an application filed under Section 438 of Cr.P.C. by the petitioner/2nd accused in Crime No.1382/2021 of Thrikkodithanam Police Station. The accused two in number are alleged to have committed the offences punishable under Sections 342, 326 read with Section 34 of IPC.

The prosecution case is that on 22.8.2021 at about 5 p.m. both the accused in furtherance of their common intention, wrongfully restrained the injured/informant and voluntarily caused grievous hurt to him by beating him with an iron rod on his head and arms. Hence, the accused are alleged to have committed the offences punishable under the above mentioned Sections.

Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the records.

The learned Public Prosecutor opposed the bail application on the ground that investigation is still going on. It is submitted by the learned counsel for the petitioner/2nd accused that he is innocent of the offences alleged against him ; that there is no criminal antecedents against him and also that the physical condition of the petitioner/2nd accused is not very satisfactory and in support of the same, reference was made to Annexure A4 medical certificate produced along with bail application.

In the facts and circumstances of the case, custodial interrogation of the petitioner/2nd accused does not seem necessary. The petitioner/2nd accused is a 56 year old man who does not have any criminal antecedents. Therefore, taking into account Annexure A4 medical certificate and the fact that he has no criminal antecedents, this Court is of the opinion that pre-arrest bail can be granted. However, taking into account the nature of the offences alleged, stringent conditions are imposed.

In the result, the application is allowed subject to the following conditions :

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

(ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 12 p.m. He shall also appear before the Investigating Officer as and when required by the latter.

(iii) The petitioner shall co-operate with the investigation and he shall not intimidate or influence the witnesses in any manner or interfere with the investigation.

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