Umeshan K. vs State Of Kerala

P.G. Ajithkumar, J

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

The petitioners are accused Nos.1 to 3 in Crime No.103 of 2024 of Hosdurg Police Station, Kasaragod for having allegedly committed the offences punishable under Sections 354, 452, 341, 323, 324 and 506(i) r/w. Section 34 of IPC.

The prosecution allegation is that, on 23.01.2024 at 8.45 p.m., due to previous enmity towards the defacto complainant, the accused persons trespassed into her residential house, and the 3rd petitioner, caught hold of her neck and pushed her aside, and also dragged her mother, who tried to intervene, and hit her using a bangle like object. The 1st petitioner hit her father using a knife inflicting him injuries. The 2nd petitioner threatened to kill her and her parents. Thereby the accused had committed the aforesaid offences.

The petitioners would contend that they did not involve in the alleged crime and without any material or evidence, they were implicated in the crime.

Learned Public Prosecutor, on instructions, would submit that two of the petitioners assaulted the defacto complainant and her parents using weapons and therefore, their custodial interrogation is necessary for furtherance of the investigation. Further, granting them absolute liberty will affect the proper investigation and also the safety and security of the defacto complainant and members of her family.

Having heard the learned counsel on both sides and considering the nature of the offence, I am of the view that the detention of the petitioners during the period of investigation is not necessary in this case.

In the result, the bail application is allowed and the applicants  are  directed  to  surrender  before  the investigating officer within two weeks. After interrogation and other process of the investigation, and in the event of them being arrested, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only)each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

(i) They shall not influence or intimidate witnesses or tamper with evidence;

(ii) They shall appear before the investigating officer as and when called for; and

(iii) During the bail period, they shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.