Sreeraj 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 petitioners are accused in Crime No 402/2023 of Sreekrishnapuram Police Station, Palakkad District, for having allegedly committed offences punishable under Sections 447, 341, 323, 324 and 326 read with Section 34 of the Indian Penal Code.

The prosecution case is that on 05.08.2023 at 19.30 hours the accused Nos.1 to 4 mentioned in the first information report committed trespass into the house compound of one Anoop, son of Venugopalan, at a place called Kadampazhipuram with an intent to Commit offence due to prior animosity, wrongfully restrained Anoop and Ist accused assaulted him by hand and also hit him with the ring on the Finger of the first accused. In the incident, Anoop suffered grievous hurt, a fracture on his mandible and also loosening of his teeth and thereby committed the aforesaid offence.

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

Considering the fact that the overt acts are alleged against accused Nos.1 and 2 and that a comparatively lesser role is alleged against the petitioners herein, I do not find the custodial interrogation of the petitioners necessary.

Accordingly, this application is allowed by ensuring the cooperation of the petitioner in the investigation, subject to the following conditions:-

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

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

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

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

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

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