Kunjumon@Joseph vs State Of Kerala

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure.

The petitioners are accused 1 to 3 in the case registered as Crime No.253/2018 of Gandhinagar Police Station under Sections 447, 323, 294(b), 326 and 506(i) read with 34 IPC. The prosecution case is that on 10.02.2018, at about 19.00 hours, the accused together criminally trespassed into the courtyard of the house of the de facto complainant and that they assaulted her and her children and threatened them. It is alleged that the first accused hit on the face of the de facto complainant with a stone causing dislocation of three of her teeth.

Heard the learned counsel for the petitioners and the learned Public Prosecutor. Perused the case diary.

The case was originally registered under Sections 447, 294(b), 323, 324 and 506(i) read with 34 IPC. Subsequently, the offence punishable under Section 324 IPC was deleted and the offence punishable under Section 326 IPC was incorporated. It is seen from the case diary that there is a civil dispute between the de facto complainant and the petitioners. In fact, a suit as O.S.No.207/2017 regarding such dispute is pending in the Munsiff's Court, Ettumanur. The incident alleged in the case has occurred in connection with this civil dispute. Custodial interrogation of the petitioners appears to be not necessary to have an effective investigation in the case. The prosecution has also no apprehension that on getting bail the petitioners would abscond and flee from justice. Considering these aspects, I find that the discretion of the court can be exercised in favour of the petitioners to grant them pre-arrest bail.

In the result, the petition is allowed and it is ordered as follows:

i. The petitioners shall be released on bail on executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two sureties each for the like amount in the event of their arrest by police in Crime No. 253/2018 of Gandhinagar Police Station.

ii. The petitioners shall appear before the Investigating Officer between 9.00 a.m. and 11.00 a.m. on all Saturdays for a period of three months after being released on bail.

iii.The petitioners shall not in any manner intimidate or influence the de facto complainant or other prosecution witnesses in the case.

iv. The petitioners shall appear before the Investigating Officer as and when directed by him in writing to do so.