Riyas vs State Of Kerala

K. Haripal, J

Heard the learned counsel for the petitioner. The petitioner is the second accused in crime No.468/2021 of Chadayamangalam Police Station which

was registered alleging offences punishable under Sections 294(b), 506, 451, 341, 323, 324, 308 and 34 IPC. According to the learned counsel for the

petitioner, the allegation against the second accused is that he had stamped the defacto complainant. According to her, there is no allegation that the

petitioner had used any weapon against the defacto complainant. Therefore, his custodial interrogation can not be insisted. The first accused has

already been arrested and recovery is effected. According to the learned Public Prosecutor the weapon has already been recovered. In the said

circumstances, I do not think that custodial interrogation of the petitioner is necessary. That means, this is a fit case for granting anticipatory bail to the

petitioner under Section 438 of the Cr.P.C. Therefore, in the event of the petitioner surrendering before the Investigating Officer, he shall be released

on bail on the following conditions:-

i) The petitioner shall appear before the Investigating Officer within seven days from today and will make himself available for interrogation;

ii) In the event of arrest, the petitioner shall be released on bail on his executing a bond for Rs. 50,000/-(Rupees Fifty Thousand Only) with two solvent sureties each

for the like sum to the satisfaction of the Investigating Officer;

iii) He shall co-operate with investigation, shall not try to contact or influence the witnesses or tamper with the evidence;

iv) He shall not involve himself in any crime during the period on bail;

v) He shall appear before the Investigating Officer/Court as and when required;

vi) He shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court shall be at liberty to cancel the bail, in accordance with law.