Praveen Kumar E And Ors vs State Of Kerala

The applicants are accused Nos. 1 and 2 in Crime No. 9/2021 of the Atholi Police Station, Kozhikode, for having allegedly committed offences punishable under Section 341, 323, 326, 308 and 294(b) r/w Section 34 of the IPC.

The prosecution case in brief is that due to previous enmity towards the defacto complainant, on 06.01.2021 at Palora bus stop, the accused persons in furtherance of their common intention wrongfully restrained the defacto complainant, hurled abuses and thereafter the 1st accused beat the defacto complainant with dangerous weapons like iron rod and the 2nd accused also beat him up and thus the defacto complainant sustained grievous injuries by breaking his tooth and the applicants committed the offence.

The applicants state that the allegations are not true and that there was a scuffle and because the defacto complainant was in inebriated condition, and he sustained some injuries. The applicants did not have any intention to voluntarily cause hurt to the defacto complainant. They do not have any criminal antecedents and they are willing to co-operate with the investigation and therefore seek pre-arrest bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor submits that they have no criminal antecedents and the 1st accused have allegedly used an iron rod which is yet to be recovered. The applicants are not likely to abscond and they are willing to co-operate with the investigation. Under the circumstances, I find that the custodial interrogation of the applicants may not be necessary.

Hence, this application is allowed. The applicants shall surrender before the investigating officer within two weeks from today. After interrogation, in the event of their arrest, they shall be released on bail on their executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the investigating officer and on the following conditions:

(i) The applicants shall appear before the Investigating Officer as and when called for.

(ii) They shall not tamper with evidence, intimidate or influence witnesses.

(iii) They shall not get involved in similar offences during the bail period.

In case of the breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.