Soumya K R vs State Of Kerala

Dr. Kauser Edappagath, J

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

The applicant is the accused No.2 in Crime No.188/2023 of Aranmula Police Station. The offences alleged are punishable under Sections 294(b), 323 and 326 read with 34 of the IPC.

The prosecution case, in short, is that on 20.2.2023 at 8.15 pm, the applicant along with the accused No.1 abused the defacto complainant and assaulted her with a sickle causing her injury on the index finger and thereby committed the offences.

I have heard Sri, Dileep P.V., the learned counsel for the applicant and Sri. Hrithwik C.S., the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, she is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if she is released on bail at this stage, it will affect the course of the investigation.

The applicant and the defacto complainant are neighbours. The only non bailable offence alleged is under Section 326 of the IPC. The main allegation is against the accused No.1. According to the defacto complainant, it was the accused No.1 who assaulted her with a sickle causing her injury. The allegation against the applicant is that she abused the defacto complainant and kicked her. The records would further show that a counter case also has been instituted. The investigation is almost over. The applicant has no criminal antecedents. Considering the allegations levelled against the applicant, her custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of her arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting herself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. She shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.