RATHEESH vs STATE OF KERALA

Petitioners are the accused in crime no.1677/2017 of

Kodungallur police station. They allegedly committed offences

punishable under Secs 308, 324 and 341 of IPC read with IPC

The petitioners seek bail under Sec.438 of Cr.P.C .

The prosecution case goes as follows: It was at 2.30

p.m on 13.9.2017 the incident. The petitioners wrongfully

restrained the first informant. He was attacked by the

petitioners with an iron pipe and ignition key of the scooter.

The victim sustained injuries on his head and right leg.

Heard the learned counsel for the petitioners and the

learned public prosecutor.

I am shown the case diary by the learned public

prosecutor. I perused it. I have seen the wound certificate. It

suggests that the victim did not sustain any serious injury.

Initially the offence under Sec.308 was not incorporated. It was

incorporated only later. As the injuries are not serious and

custodial interrogation of the petitioners does not appear to be

necessary, I am inclined to grant them bail under Sec.438 of

Cr.P.C .

The application is allowed. If arrested in connection

with crime no.1677/2017 of Kodungallur police station, the

petitioners shall be released on bail after interrogation on their

executing bonds for Rs.35,000/- (thirty five thousand only)with

two solvent sureties each for the like sum to the satisfaction of

the investigating officer. The petitioners shall report to the

investigating officer between 10.00 a.m and 11.00 a.m on

every Wednesday for a period of three months or till the filing

of the final report, whichever is earlier. The petitioners shall

refrain from intimidating or attempting to influence witnesses;

nor shall they destroy or tamper with evidence. The court

concerned is hereby empowered to cancel the bail in

accordance with law if any of the above conditions is violated.

If the petitioners surrender before the court concerned, this

order shall have no effect and that court will pass appropriate

orders in accordance with law as if this order has not been

passed.