Sunil J vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

Petitioner is the accused in Crime No.1798 of 2020 of Palode Police Station. The above case is registered against the petitioner alleging offences

punishable under Sections 143, 147, 148, 149, 452, 324, 323 & 294(b) r/w Section 34 of the Indian Penal Code (IPC).

The prosecution case is that, on 4.10.2020 at about 11.30 p.m., the accused persons, in prosecution of their common object, formed themselves into

an unlawful assembly and trespassed into the house of the defacto complainant, abused him and attacked him with a chopper. It is also alleged that the

defacto complainant sustained injury.

Heard the counsel for the petitioner and the learned Public Prosecutor.

The counsel for the petitioner submitted that the allegations against the petitioner are not correct. The counsel submitted that the only non-bailable

offence alleged against the petitioner is under Section 452 IPC. The counsel also pointed out that the maximum punishment that can be imposed for

the offence under Section 452 IPC is only seven years. He is entitled the benefit of the orders passed by the Full Bench of this Court in W.P.(C)

No.9400/2020. The counsel also submitted that the petitioner and the defacto complainant are neighbours. Due to some animosity , this false complaint

is filed against the petitioner. The counsel also submitted that there is two days delay in lodging the complaint before the police. That itself shows the

falsity of the case. The counsel submitted that the petitioner is ready to abide any conditions if this Court grant him bail.

The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the custodial interrogation of the petitioner is necessary in

this case.

After hearing both sides, I think this is not a fit case in which the petitioner can be released on bail under Section 438 Cr.P.C. At this stage, the

counsel for the petitioner submitted that the petitioner will surrender before the investigating officer and will co- operate with the investigation.

Consideration of bail application under Section 438 and consideration of bail application under Section 437 Cr.P.C are different. Considering the entire

facts and circumstances, I think this bail application can be disposed of with the following directions:

The petitioner will surrender before the Investigating Officer within three weeks from today.

If the petitioner surrender before the Investigating Officer, the Investigating Officer can interrogate him. After interrogation if the petitioner is

arrested, he will be produced before the jurisdictional court on the same day.

At that stage, if any bail application is filed by the petitioner after giving prior notice to the Prosecutor concerned, the learned Magistrate will

consider the bail application preferably on the date of filing of the same itself.