Kailas T. Vikraman vs State Of Kerala

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

The petitioners herein are accused Nos. 1, 2, 4 & 5 in Crime No.175 of 2018 of the Oachira Police Station, registered under Sections 143, 147, 148, 294(b), 341, 323, 324, 308 read with Section 149 of the IPC.

The prosecution allegation is that, on 9.02.2018 at 10.45 p.m, the petitioners herein along with the rest of the accused formed themselves into an unlawful assembly and in prosecution of their common object, wrongfully restrained the the friend of the de facto complainant and attacked him causing injuries. When the de facto complainant intervened they are alleged to have assaulted him as well. Specific allegation is that the 3rd accused assaulted the de facto complainant with a stick and the 1st accused assaulted him with a heavy metal bangle causing injuries on his face. Accused Nos. 4, 5, 6 & 7 are alleged to have stamped the victim while he had fallen down.

The learned counsel appearing for the petitioners submitted that the allegations are untrue. According to the learned counsel, the petitioners herein have been roped in without any reason. It is further submitted that insofar as the petitioners 2, 4 and 5 are concerned, no specific overt acts are alleged.

The learned Public Prosecutor has opposed the prayer. It is submitted that specific overt acts have been alleged against accused Nos.1 and 3.

I have considered the submissions advanced and have gone through the wound certificate of the victim. It appears that the victim had sustained multiple linear abrasions on the chest and abdomen and also on the right and left shoulders. Insofar as the 1st petitioner is concerned specific overt acts have been alleged. Under such circumstances, I am not inclined to grant an order of pre arrest bail to the 1st petitioner. However, insofar as the petitioners 2 to 4 are concerned there is no allegation that they were armed with weapons. In that view of the matter, I am of the considered view that relief can be granted to petitioners 2, 3 and 4.

In the result, this application is partly allowed. The petition insofar as it concerns the 1st petitioner will stand dismissed.

Insofar as the petitioners 2, 3 & 4 are concerned, this petition will stand allowed. However, it shall be subject to the following conditions.

i).The 2nd , 3rd and 4th petitioners shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) each with two solvent sureties each for the like sum.

ii)They shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed.

iii)They 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)They shall not commit any similar offence while on bail.

v). If they intends to leave India, they shall obtain previous permission from 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.