Suku and Sony vs State of Kerala

Thomas P. Joseph, J.—Petitioners are accused 1 and 2 in Crime No. 129 of 2014 of the Eravipuram police station for the offences punishable under Secs. 452, 323, 341, 506(i) and 325 r/w. Sec. 34 of the Penal Code, apprehend arrest and have filed this application.

Learned Public Prosecutor has opposed the application. It is submitted that on 25.01.2013 at about 05:00 p.m. over a dispute concerning plucking of coconuts from a property, the petitioners are trespassed into the house of the de facto complainant and voluntarily caused hurt/grievous hurt.

Learned counsel submits that the de facto complainant is the aunt of the first petitioner. Second petitioner is wife of the first petitioner. There was dispute regarding plucking of coconuts. It is also submitted that there is no case that any weapon is used.

Having regard to the relevant circumstances, I am inclined to think that custodial interrogation of the petitioners is not required. Hence I am inclined to grant relief.

Application is allowed as under:

I. 1) First petitioner shall surrender before the officer investigating Crime No. 129 of 2014 of the Eravipuram police station on 10.03.2014 at 10:00 a.m. for interrogation.

2) In case interrogation is not completed that day, the said officer can direct the 1st petitioner to appear before him on any other date/dates and time which he shall comply.

3) First petitioner shall co-operate with the investigation of the case.

4) In case the 1st petitioner is arrested, he shall be released by the arresting officer on his executing bond for Rs. 15,000/- (Rupees Fifteen thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:-

a) First petitioner shall report to the investigating officer on every Saturday between 10:00 a.m. to 12:00 p.m. Until filing of the final report or for a period of two months, whichever is earlier.

b) First petitioner shall report to the investigating officer as and when required for interrogation.

c) First petitioner shall not intimidate/influence the witnesses.

d) First petitioner shall not, during the period of this bail get involved in any offence.

II. It is directed that in case the second petitioner is arrested, she shall be released by the arresting officer on her executing bond for Rs. 15,000/- (Rupees Fifteen thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:-

a) Second petitioner shall report to the investigating officers and when required for interrogation at all reasonable time and place.

b) Second petitioner shall not intimidate/influence the witnesses.

c) Second petitioner shall not, during the period of this bail get involved in any offence.

III) In case of violation of any of the above conditions, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the jurisdictional magistrate as held in P.K. Shaji @ Thammanam Shaji Vs. State of Kerala, .