Monsoor vs State Of Kerala

This is an application for anticipatory bail filed under Section 438 Cr.P.C.

The petitioners are the first and the second accused in the case registered as Crime No. 237/2018 of the Ambalapuzha Police Station under Sections 341 and 353 r/w Section 34 of IPC.

The prosecution case is that on 06.02.2018, at about 15:00 hrs, while the de facto complainant was driving the K.S.R.T.C bus (KL-15/A 849), the two accused who came on a scooter obstructed the bus by stopping the scooter in front of the bus and that the second accused hit the de facto complainant several times with a helmet and thereby he caused obstruction to the discharge of his duties as a public servant. It is alleged that the bus driven by the de facto complainant had hit on the scooter driven by the first accused and it was the reason for the accused to commit the offensive acts.

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

The report filed by the investigating officer shows that the helmet allegedly used by the second accused to hit the de facto complainant and also the scooter driven by the first accused have been recovered by the police. Custodial interrogation of the petitioners appears to be not necessary to have an effective investigation in the case. 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.

The petitioners shall be released on bail on executing a bond for ₹ 25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for the like sum in the event of their arrest by the police in Crime No. 237/2018 of the Ambalapuzha Police Station.

The petitioners shall appear before the investigating officer between 9 a.m and 11 a.m on all Mondays and Thursdays for a period of two months after being released on bail.

The petitioners shall not influence or intimidate the prosecution witnesses. They shall not make any attempt to tamper with the evidence in the case.

The first petitioner shall surrender his passport in the Magistrate's Court concerned within three days of his release on bail. If he has no passport, he shall file an affidavit in that court to that effect within the aforesaid period.

The petitioners shall appear before the investigating officer as and when directed by him in writing to do so.

The petitioners shall not leave the State of Kerala without the prior permission of the jurisdictional court concerned.

If the petitioners violate any of the conditions of bail, the jurisdictional court is at liberty to cancel the bail in accordance with law without any further orders from this Court.