Radhakrishna Pillai vs State Of Kerala

Dr Kauser Edappagath, J

This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The applicants are the accused Nos. 2 and 5 in Crime No.894/2022 of Enathu Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 143, 147, 323, 324, 308, 506(1) & 149 of the Indian Penal Code.

The prosecution case, in short, is that the applicants along with the remaining accused formed an unlawful assembly and in prosecution of the common object of the assembly, on 13/11/2022 at 3.35 p.m., assaulted the defacto complainant with a bangle and with their hands and thereby committed the offence.

I have heard Sri.P.V.Dileep, the learned counsel for the applicants and Sri.C.S.Hritwick, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

Initially, the crime was registered under Sections 143, 147, 323, 324, 506(1) and 149 of the IPC. Later on, Section 308 of the IPC was also incorporated. I went through the F.I.S. as well as the wound certificate. No serious injury has been sustained by the defacto complainant, that too not on the vital part. Therefore, as per the materials available on record, at present, it is doubtful whether the offence under Section 308 of the IPC, which is the only non-bailable offence would be attracted. The applicants have no criminal antecedents. Considering the allegations levelled against the applicants, their custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicants.

In the result, the application is allowed on the following conditions:-

(i) The applicants shall be released on bail in the event of their arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.