Sanal S vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

Petitioners are accused Nos. 1, 3 and 4 in Crime No.969/2023 of Kundara Police Station, Kollam District, alleging offences punishable under Sections 294(b), 323, 341, 324 and 326 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused formed themselves into an unlawful assembly and chased the defacto complainant on 20.05.2023, and thereafter, restrained him and assaulted the defacto complainant with an iron rod and he sustained fracture on his right toe and the accused thereby committed the offences alleged.

I have heard Sri. B.Mohan Lal the learned counsel for the petitioners as well as Sri. P.G.Manu, the learned Public Prosecutor.

The wound certificate handed over across the Bar by the learned Public Prosecutor reveals that, there is a dislocation of the big toe of the defacto complainant. There are also injuries on other parts of the body of the defacto complainant.

Considering the nature of injuries and the allegations against the petitioners, I am of the view that, limited custody of the petitioners would suffice the investigation.

Accordingly, this application is allowed on the following conditions:

a) Petitioners shall appear before the Investigating Officer on 05.07.2023 and shall subject themselves to interrogation.

b) If after interrogation, the Investigating Officer proceeds to arrest the petitioners, then, they shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum before the Investigating Officer.

c) Petitioners shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

d) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

e) Petitioners shall not commit any similar offences while they are on bail.

f) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.