Shamseer. P.A 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 646/2023 of Mattannur Police Station, Kannur District, for having allegedly committed offences punishable under Sections 341, 323, 326 and 308 of the Indian Penal Code.

The prosecution case is that, on 18.06.2023 at about 9.00 PM, from the house of the defacto complainant, because of the previous grudge, the petitioner/accused, her own brother, assaulted the defacto complainant on her hands and legs. lt is also alleged that the accused wrongfully restrained her friend and assaulted him on his forehead with a hammer. He sustained grievous hurt on the head. He had again attempted to hit on the head, which was prevented by the father of the de facto complainant. Otherwise, her friend would have sustained grievous hurt and caused death, thereby committing the offence.

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

The learned counsel for the petitioner had submitted that the matter is settled whereupon, this Court directed the learned Public Prosecutor to verify the veracity of the settlement. Today, when the matter came up, the learned Public Prosecutor submitted that the matter has been settled.

In the light of the above development, I am inclined to grant anticipatory bail to the petitioner on the following conditions:-

(i) The petitioner is directed to surrender before the Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

(ii) On such production, the jurisdictional court shall release the petitioner on bail, on executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(iii) The petitioner shall cooperate with the investigation and make himself available for interrogation and investigation as and when the Investigating Officer directs him to do so.

(iv) The petitioner shall not intimidate the witnesses or interfere with the Investigation in any manner.

(v) The petitioner shall not be involved in any offence while on bail.

(vi) If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.