KRISHNANKUTTY vs STATE OF KERALA

The petitioners herein are the accused Nos.2 and 3 in

Crime No.822 of 2017 of the Ottapalam Police Station

registered under Sections 353 and 228 read with Section

34 of the Indian Penal Code. They seek regular bail under

Section 439 of the Code of Criminal Procedure. The

application filed by them for regular bail was dismissed by

the learned Sessions Judge, Palakkad on 07.10.2017. The

petitioners have been in judicial custody since 17.09.2017.

The prosecution case is that on 16.09.2017 when

a Civil Police Officer attached to the Ottapalam Police

Station approached the 3rd accused for serving a summons

issued from the court, these petitioners and the 1st accused

threatened him and also prevented discharge of duty by

the Police Officer.

This application for regular bail is opposed by

the learned Public Prosecutor on the ground that

investigation is still in progress, and that if the accused

arenow released, they will definitely obstruct the

investigation.

On hearing both sides, I find that investigation in

this case is practically over, and that the petitioners can be

now released on appropriate conditions. I find that the

Investigating Officer has collected the necessary materials

as against these petitioners. I do not find the necessity of

continued detention of the petitioners. The 1st accused is

yet to be arrested by the Police. It is made clear that this

order granting bail to the petitioners will not in any manner

go to the benefit of the 1st accused, who is yet to be

arrested.

In the result, this application for bail is allowed. The

petitioners will be released on bail on their executing bond

with two solvent sureties for 40,000/-(Rupees Fourty

thousand only) each to the satisfaction of the court below

having jurisdiction. Bail is granted on condition that;

a. The petitioners shall report before the

Investigating Officer between 10.00 am and 11 am on all

Wednesdays for a period of two months.

b. The petitioners shall not leave the limits of the  Ottappalam Police Station for two months.

c. The petitioners shall not in any manner influence

or intimidate the witnesses and shall not have any contact

with the material witnesses directly or over telephone or

otherwise.