Muhammed Abrar And Ors vs State Of Kerala

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

The petitioners herein are the accused Nos.1 to 4 in Crime No.532 of 2017 the Chelakkara Police Station registered for the offences punishable under Sections 323, 427, 431, 354, 294(b) and 506 (i) read with Section 34 of the IPC.

The prosecution allegation is that on 11.8.2017 at 4.30 p.m., the petitioners herein, in furtherance of their common intention trespassed in to the house of the de facto complainant and after committing mischief, assaulted the de facto complainant and her mother causing injuries. It is also alleged that the 2nd accused touched the private parts of the de facto complainant and outraged her modesty.

The learned counsel appearing for the petitioners submitted that the allegations are untrue. According to the learned counsel, on the same day itself at 10.30 a.m, the husband of the de facto complainant had trespassed into the house of Shameema, the sister of the 1st petitioner, and had assaulted her. Based on her complaint, Crime No.531 of 2017 was registered at Chelakkara Police Station, inter alia, for offence under Sections 323, 451, 354 and 506 (i) of the IPC. It is also submitted that the allegations of physical abuse are without basis.

Though the learned Public Prosecutor has opposed the prayer, it is submitted that there is no medical evidence to corroborate the case of the prosecution. It is also submitted that the earlier Crime was registered at the instance of Shameema, the sister of the 1st petitioner.

I have gone through case diary and also the allegations in Crime No.531/2017 of the Chelakkara Police Station. It appears that there are property disputes between the parties. No weapons are alleged to have been used by any of the petitioners. It is also not reported that the petitioners are persons with prior criminal antecedents.

Having regard to the nature and gravity of the allegations, the antecedents of the petitioners, the severity of the injuries inflicted and attendant facts, I am of the view that, the custodial interrogation of the petitioners does not appear to be necessitous for an effective investigation.

In the result, this petition will stand allowed. The petitioners shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.40,000/-(Rupees forty thousand only) each with two solvent sureties each for the like sum. The above order shall be subject to the following conditions.

i)The petitioners shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for one month or till final report is filed, whichever is earlier.

ii)The petitioners 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.

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

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.