Sirajul Muneer vs State Of Kerala

Gopinath P., J

This is an application for anticipatory bail

Petitioner is the accused in Crime No.108/2023 of Perambra police station, alleging commission of offences under Sections 451, 341, 294(b), 506, 354, 427 r/w.34 of the Indian Penal Code.

Allegation against the petitioner is that, on 15.02.2023, at 10.00 pm, the de facto complainant saw the petitioner and two other persons attempting to demolish her compound wall and when the de facto complainant objected to the same, the accused entered into her courtyard and threatened her and caught hold of her and caused disgrace to her and thereby, committed the offences alleged against them.

Learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that there are some disputes regarding a pathway between the petitioner and the de facto complainant and it is only for settling those disputes, a false complaint has been registered against the petitioner. It is submitted that, at any rate, considering the nature of the allegations and also considering the fact that there are no criminal antecedents have been reported against the petitioner, custodial interrogation of the petitioner is totally unnecessary in the facts and circumstances of the case.

Learned Public Prosecutor would submit that, two of the other accused who were allegedly with the petitioner at the time of commission of the offence, have yet to be identified. It is submitted that, if the petitioner is granted anticipatory bail at this stage, the investigation of the case will not progress and therefore, if this Court is inclined to grant anticipatory bail to the petitioner, it may be ensured that the petitioner fully co-operates with the investigation and also subjects himself interrogation by the investigating officer.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor and considering the facts and circumstances of the case, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions.

In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.108/2023 of Perambra police Station subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the Arresting officer;

(ii) Petitioner shall appear before the investigating officer in Crime No.108/2023 of Perambra Police station at 11.00 A.M. on 13.09.2023 and thereafter, as and when summoned to do so;

(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 108/2023 of Perambra police station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.108/2023 of Perambra police station may file an application before the jurisdictional court, for cancellation of bail.