KUTTAPPAN vs THE STATION HOUSE OFFICER

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

The petitioner, a 70 year old man, is arrayed as the sole accused in Crime No.1811 of 2017 of the Thenmala Police Station, registered alleging

offence punishable under Sections 294(b), 323, 324 and 354 of the IPC.

According to the prosecution the pathway used by the informant and her family was obstructed by the accused. This was questioned to by her.

Allegation is that on 13.12.2017 at 4.30 pm the petitioner abused the de facto complainant and thereafter assaulted her.

The learned counsel submits that the petitioner is aged and is suffering from kidney ailments. It is urged that based on the information furnished

by his aged wife, Crime No.1812 of 2017 was registered under Sections 143, 145, 147, 323, 294(b), 506, 354 read with Sec.149 of the IPC

against the informant and her family members. The de facto complainant and her family members were the aggressors and they had assaulted his

aged wife is the submission.

Heard the learned Public Prosecutor and I have gone through the case diary. It appears that there are property disputes between the parties

which has led to registration of cross cases. Though it is alleged that the de facto complainant was assaulted and was inflicted serious injuries, no

such indications are there in the wound certificate.

Having regard to the facts and circumstances, age and antecedents of the petitioner, the materials in support of the allegations and attendant

facts, the custodial interrogation of the petitioner need not be insisted with. I am inclined to grant an order of pre-arrest bail.

In the result, this application is allowed . However it shall be subject to the following conditions.

i).The petitioner shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is

proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two

solvent sureties each for the like sum.

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

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

v) If he surrenders before the court concerned, this order shall not be applicable and the jurisdictional court may pass appropriate orders.

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.