Subin Sudhi vs State Of Kerala

The petitioner is the sole accused in Crime No.1272/2020 of Anjuthengu Police Station registered for offences punishable under Sections 294 (b),

341, 354, 427, 451 and 506 (ii) of the I.P.C.

The prosecution allegation is that, at about 9.00 P.M on 10.12.2020, the petitioner had entered into the house of the de facto complainant due to his

political animosity, abused the de facto complainant and tried to pull her out of the house. During the scuffle, the de facto complainant's hand hit

against the door frame and got bruised. It is alleged that, by his acts, the petitioner had committed the alleged offences.

The incident was on 10.12.2020 and the F.I.R was registered on 12.12.2020. Further, no weapon had been used and the allegation regarding

Section 354 is based on the injury sustained by the de facto complainant when the petitioner tried to pull her out of the house. In such circumstances,

there is no requirement for custodial interrogation of the petitioner. Hence, I am inclined to grant the prayer for anticipatory bail, subject to the

following conditions:

i. Petitioner shall appear before the investigating officer within two weeks.

ii. The investigating officer shall interrogate the petitioner and in the event of arrest, he shall be released on bail, on executing a bond for Rs.25,000/-

(Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the investigating officer.

iii. Petitioner shall not get involved in any similar offence during the pendency of the bail and shall not, in any manner, try to influence the witnesses or

intimidate them.

iv. Petitioner shall co-operate with the investigation.

If any one of the above condition is violated, the investigating officer will be at liberty to approach the jurisdictional court for cancellation of bail.