Mohammed. P.P vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The petitioners are the accused in Crime No.784/2023 of Manjeswar Police Station, Kasargod, registered for offences punishable under Sections 341, 323, 326, 506(i) r/w. 34 IPC.

The prosecution allegation is that on 28/08/2023 at 3 pm., the petitioners entered the apartment of the defacto complainant by the name “Sea Pearl” (woman) and assaulted the de facto complainant and allegedly caused serious injuries on his right hand and thereby committed the offences alleged.

The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.

After hearing the learned counsel for the petitioners, the learned Public Prosecutor, and the learned counsel for the defacto complainant and considering the allegations against the petitioners and that the overt act alleged is against the second petitioner, who also has an antecedent, I am not inclined to grant anticipatory bail to the 2nd petitioner. Hence, the second petitioner's request for anticipatory bail is rejected. Accordingly, the 2nd petitioner is directed to surrender before the investigating officer and in the event the second petitioner surrenders before the Investigating Officer in ten days, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.

As far as the first petitioner is concerned, considering his age, medical condition and that no overt act is attributed against him, I am inclined to grant anticipatory bail to the first petitioner. Accordingly, the following directions are issued.

The 1st petitioner is directed to surrender before the Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate them. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

On such production, the jurisdictional court shall release the 1st petitioner on bail, on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

The petitioner shall cooperate with the investigation and make himself available for interrogation and investigation as and when the Investigating Officer directs them to do so.

The petitioner shall not intimidate the witnesses or interfere with the Investigation in any manner.

The petitioner shall not be involved in any offence while on bail.

If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.

The Bail Application is partly allowed as above.