Soumya vs State Of Kerala

Shircy V, J

Application for pre-arrest bail.

The petitioner, the second accused in Crime No.238 of 2021 of Chittarikkal Police Station registered for the offences punishable under Sections

341, 323, 324, 294(b), 506 and 308 r/w Section 34 of the Indian Penal Code, apprehending arrest has filed this application.

The prosecution allegation is that this petitioner is the wife of the first accused. The first accused is the brother of the defacto complainant. On

19.05.2021 at about 13.45 hours the first accused assaulted the defacto complainant and her mother by using a mob stick and a wooden log causing

injuries to her. He has also abused her in filthy language and threatened her. Thereby, this petitioner along with the first accused had committed the

aforesaid offences.

Heard both sides.

The learned counsel for the petitioner submits that there is absolutely no problem with the defacto complainant and this petitioner. The actual

dispute is between her husband, the first accused and the defacto complainant regarding some family property. But she has nothing to do with the

alleged incident and she did not commit the offences as alleged. Still she apprehends arrest and hence this application.

The learned Public Prosecutor reported that the investigation of the case is well in progress.

It is the fact that the first accused had already been granted regular bail. No specific overt act is alleged against this petitioner.

Considering the nature of accusation levelled against this petitioner, I think that custodial interrogation of this petitioner may not be necessary to

proceed with the investigation of the case, which is already well in progress. Therefore, I am inclined to grant pre-arrest bail to this petitioner subject

to the following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum each to

the satisfaction of the investigating officer in the event of her arrest.

(ii) She shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii)She shall co-operate with the investigation and trial of the case.

(iv) She shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) She shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.