Manoj N K vs State Of Kerala

Shircy V, J

Apprehending arrest in connection with Crime No.278/2021 of Elavumthitta Police Station, Pathanamthitta District registered for the offences

punishable under Sections 452, 323, 324, 354, 427 R/w 34 of the Indian Penal Code, the petitioners have filed this petition under Section 438 of the

Code of Criminal Procedure.

It is the case of the prosecution that on 31.03.2021 the petitioners due to their previous enmity towards the defacto complainant trespassed into the

residential house of the defacto complainant and attacked him and his wife with deadly weapon and caused injuries. They have also used criminal

force to outrage the modesty of the brother's wife of the defacto complainant and thereby they are alleged to have committed the aforesaid offences.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

According to the learned counsel for the petitioners, the defacto complainant and others have attacked the 2nd petitioner as well his wife and

caused injuries. Though they preferred a complaint and case was registered, the assailants were not arrested by the police till date. But they have

implicated these petitioners in a false case. Though they are innocent they apprehend arrest, hence this petition.

The learned Public Prosecutor on instructions submitted that the injuries sustained by the injured in this case are not serious in nature and the

investigation of the case is going on smoothly.

Having regard to the fact that the 2nd petitioner is aged 61 years and he sustained injuries in the attack by the defacto complainant along with his

wife and others and the other facts and circumstances involved in this case, I am of the the view that pre-arrest bail can be granted to these

petitioners subject to the following conditions:

(i) Petitioners shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like sum each

to the satisfaction of the investigating officer in the event of their arrest.

(ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) They shall co-operate with the investigation of the case.

(iv) 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 from

disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) They shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.