Prajeesh M vs State Of Kerala

C.Jayachandran, J.

Second accused in Crime No.1 of 2021 of Chakkarakkal Police Station is the petitioner in this application for pre-arrest bail. Offences alleged are under Sections 447, 341, 294(b), 323 r/w 34 of the Indian Penal Code. In as much as the defacto complainant/victim suffered a fracture, offence under Section 326 was incorporated subsequently.

Prosecution would allege that, on 26.12.2020 at 21.00 hrs, the accused persons trespassed into the house of one Ajeesh, a relative of the defacto complainant, with dangerous weapon, restrained him criminally, abused him and beat him with bare hands. When the defacto complainant attempted to intervene to prevent the crime, the first accused assaulted him with an iron rod on his leg, causing a fracture, thus committing the offences enumerated above.

Heard  the  learned  counsel  for  the  peittioner  and the learned Public Prosecutor. Perused the records.

Having heard the learned counsel appearing on both sides, this Court is of the opinion that this bail application can be allowed. This Court takes note of the fact that major overt act alleged is as against the first accused, who has already been arrested. Learned Public Prosecutor submits that recovery has been effected. No specific overt act is seen alleged against the petitioner/second accused, except that he was accompanying the first accused in assaulting the defacto complainant's relative. In such circumstances, this Court is of the opinion that the custodial interrogation of the petitioner is not required for the progress of investigation.

In the result, this bail application will stand allowed. The applicant shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

(i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 a.m. and 11 a.m. for a period of one month, thereafter, as and when called for by the Investigating Officer until final report is filed.

(ii) He 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) He 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.