R. Vaitheeswaran vs State Of Kerala

These applications are filed under Section 438 of the Code of Criminal Procedure.

The petitioner in B.A.No.8943 of 2020 is the 1st accused and the petitioners in B.A.No.257 of 2021 are the accused Nos.2 and 3 in Crime No.952

of 2020 of the Pazhayannur Police Station, registered on 12.08.2019, inter alia, under Sections 447, 324 and 308 r/w Section 34 of the IPC.

The prosecution allegation is that on 16.12.2020 at about 5.45 p.m., the petitioners herein trespassed into the residential home of the de facto

complainant and attacked him with sticks causing injuries.

Learned counsel appearing for the applicants submitted that the applicants are innocent of all allegations levelled against them. He would contend

that an earlier crime was registered as Crime No.905 of 2020 at the instance of the petitioner in B.A.No.8943 of 2020 against the de facto

complainant and several others inter alia under Sections 308 r/w S. 149 of the IPC. It is contended that the registration of Crime No.952 of 2020 is

clearly a counterblast to the earlier crime. No incident of the alleged nature took place is the submission.

The learned Public Prosecutor has opposed the prayer and submits that some minor abrasions were sustained by the de facto complainant.

I have considered the submissions and have carefully evaluated the records. It does not appear from the records that any serious injuries were

sustained by the injured. Petitioners are not reported to be persons with criminal antecedents. Having considered the facts and circumstances, I am of

the view that the custodial interrogation of the petitioners is not necessary for an effective investigation in the instant case.

In the result, this application 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.50,000/-

(Rupees Fifty 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 cooperate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months

or till final report is filed, whichever is earlier.

ii) They 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) They 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.