Roy Robert And Ors vs State Of Kerala And Ors

This is an application for anticipatory bail under Section 438 of Cr.P.C.

The applicants are accused in Crime No.1947/2020 of Anchalummoodu Police Station for having allegedly committed the offences punishable under Sections 452, 294(b), 324, 308 and 427 read with Section 34 of the I.P.C.

The prosecution case, in brief, is that on 05.11.2020 at about 7.30 AM, the applicants allegedly trespassed into the residence of the de facto complainant, armed with dangerous weapons like iron pipes and oar and allegedly assaulted the de facto complainant and caused hurt to him after hurling abuses at him. The blow which was intended to be hit on the head of the de facto complainant was averted and he escaped with minor injuries. Had the blow with the iron rod hit his head, it could have proved fatal and thus the applicants attempted to commit culpable homicide.

The applicants state that they are innocent and the allegations are not true and that they did not trespass into the house of the de facto complainant and that it was the de facto complainant and others who had actually attacked the applicants on the date of occurrence and the 2nd applicant was also injured, as a result of being hit by the de facto complainant and others. He had gone to Matha Medical Centre, Mathilil and the accident-cum-wound certificate pertaining to his treatment there is produced as Annexure-3, which indicates that he was assaulted at 8.15 AM on 05.11.2020. However, no counter-case has been registered. The 2nd applicant had also sustained abrasions over the left forearm below the elbow joint and abrasion with skin peel at the nape of the neck and left ribs. This would indicate that it was a scuffle which had ensued resulting in injuries to both the skin peel of the 2nd applicant and the de facto complainant. However, no counter-case has been registered. The injuries sustained by the de facto complainant is not life-threatening or grave and the applicants do not have any criminal antecedents. Under the circumstances, I find no reason for custodial interrogation of the applicants as they are willing to cooperate with the investigation.

In the result, the bail application is allowed and the applicants are directed to surrender before the investigating officer within two weeks. In the event of their being arrested, after interrogation and recovery, if any, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

(i) They shall not influence or intimidate witnesses or tamper with evidence;

(ii) They shall appear before the investigating officer as and when called for and shall cooperate with the investigation; and

(iii) During the bail period, they shall not get involved in any similar offences.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.