Sreekanth vs State Of Kerala And Ors

This is an application filed under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail to the petitioner, who is the first accused in Crime 142/2021 of Kodanad police station. The allegation is that the accused and two others had used criminal force against the de facto complainant on 28.06.2020, for which the crime was registered on 25.03.2021 alleging offence punishable under Sections 341, 354A & 506(ii) read with Section 34 of the Indian Penal Code.

According to the learned counsel for the petitioner, the de facto complainant is a collection agent in the Kerala State Financial Enterprises (KSFE); she owed Rs.48,200/- to the petitioner, which was entrusted to her for remitting in the KSFE. The case was originated when he had demanded back the amount.

I heard the learned Public Prosecutor also.

Even though the incident had allegedly happened on 28.06.2020, the crime was registered only after the lapse of more thannine months, which itself requires explanation. Whatever it may be, there is no identity crisis in the case since the de facto complainant and the petitioner are known to each other. Moreover, in the nature of the allegations, custodial interrogation of the petitioner cannot be insisted. Therefore, there is no harm in granting anticipatory bail to the petitioner.

Hence, in the event of arrest of the petitioner, he shall be released on bail, subject to the following conditions:-

i) The petitioner shall appear before the Investigating Officer within seven days from today and will make himself available for interrogation;

ii) In the event of arrest, the petitioner shall be released on bail on his executing a bond for Rs. 50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer;

iii) He shall co-operate with investigation, shall not try to contact or influence the witnesses or tamper with the evidence;

iv) He shall not involve himself in any crime during the period on bail;

v) He shall appear before the Investigating Officer/Court as and when required;

vi) He shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court shall be at liberty to cancel the bail, in accordance with law.

The application is allowed.