Manoj vs State Of Kerala

A. Badharudeen, J

This is a petition filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail and petitioners are accused Nos. 1 to 3 in crime No.145/2023 of Nattukal Police Station, Palakkad.

Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the relevant documents form part of the case diary, produced by the learned Public Prosecutor as well as the records in Crime No.140 of 2023 placed by the learned counsel for the petitioners.

The prosecution case is that, at about 22.00 hours on 22.03.2023, accused Nos. 1 to 5 formed into an unlawful assembly with knowledge that they are all members of the said assembly with intention to cause hurt to the defacto complainant, criminally trespassed into his house. Thereafter, they abused, threatened and caused simple hurt to the defacto complainant by using their hands. On this premise, the prosecution alleges commission of offences punishable under Sections 143, 147, 148, 452, 341, 323, 324, 506(ii), 294(b) r/w 149 of IPC.

The learned counsel for the petitioners would submit that, this crime has been registered as a counter blast against Crime No. 140 of 2023 occurred on the same day and there is allegation against the son of the defacto complainant in this crime that he attempted to do away the defacto complainant in crime No. 140 of 2023. According to the prosecution, in crime No. 140 of 2023, the son of the defacto complainant is alleged to have committed offence punishable under Section 307 of IPC. Therefore, the learned counsel for the petitioners would submit that, the present crime is the one registered as a false case with a view to defend crime No.140 of 2023. Therefore, the petitioners are innocent and they may be released on bail is the submission of the learned counsel for the petitioners.

The learned Public Prosecutor placed relevant documents and opposed grant of anticipatory bail to the petitioners.

On perusal of the available records, crime No. 140 of 2023 was registered in relation to an occurrence at 7.30 hours on 23.03.2023. In the said crime, offence under Section 307 of IPC is alleged to be committed by one Shaji. According to the learned counsel for the petitioner, Shaji is the son of the defacto complainant in the present crime. In so far as the truth of the allegations are concerned, the same would require independent investigation by the Investigating Officer and I leave the same to the province of the Investigating Officer for unbiased investigation, in accordance with law.

Since, prima facie, it appears that, the present crime was registered at a subsequent stage and the prosecution records do not suggest any serious injury to the defacto complainant, I am inclined to enlarge the petitioners on anticipatory bail, with direction to the petitioners to surrender before the Investigating Officer for the purpose of interrogation and to aid the investigation.

Therefore, this petition stands allowed. The petitioners are enlarged on pre-arrest bail on conditions:

i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioners and record their statement, if necessary. In the event of their arrest, the Investigating Officer shall produce the petitioners before the Jurisdictional Court on the date of arrest itself.

ii. On such production, Jurisdictional Court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by themselves and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court.

iii. The petitioners shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

iv. The petitioners, shall not, intimidate the witnesses or interfere with the investigation in any manner.

v. The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.