Ravi vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The petitioner is the accused in Crime No.541/2023 of Narakkal Police Station, Ernakulam, registered for offences punishable under Sections 353, 332, 294(b), 506 & 427 of the Indian Penal Code.

The prosecution allegation is that on 25.06.2023, at 10 AM, the accused allegedly hurled obscene words and assaulted the defacto complainant and his co-employees who were repairing the Water Authority Department’s pipe leaking, and also caused damage to the motor casting and thereby the accused has committed the offences mentioned above.

The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

After hearing the learned counsel for the petitioner and the learned Public Prosecutor and considering the allegations against the petitioner, more particularly under Section 353 of IPC preventing discharge of public duty, I am of the view that the petitioner is not entitled to get anticipatory bail as it might affect a proper investigation. Therefore, the following directions are issued:-

In the event the petitioner surrenders before the Investigating Officer within a week, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.

The Bail Application is disposed of as above.