Usman B. M vs State Of Kerala

Dr Kauser Edappagath, J

This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The applicant is the accused in Crime No.67/2023 of Bekal Police Station. The offences alleged are punishable under Sections 341 & 323 of the I.P.C. and Section 75 of the Juvenile Justice Act.

The prosecution case, in short, is that the applicant, who is the father of the victim, assaulted him on several days during the period from 01/06/2022 to 05/01/2023 and also compelled him to help him at his shop without sending him to school or giving him education and thereby committed the offence.

I have heard Sri.Rahul Sasi, the learned counsel for the applicant and Sri.V.S.Sreejith, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

I went through the FIS, which shows that the victim was residing for a while along with the applicant and now is with his mother. The applicant and his wife, who is the mother of the victim, is not in good terms and they are residing separately. Annexure 3 produced along with the bail application, would show that on 23/01/2023, a complaint was filed by the applicant against the mother of the victim, alleging that she had assaulted the third child. The learned public prosecutor submitted that such a complaint had been received by the police, but no crime was registered. However, the present FIS was lodged three days thereafter at a time when the victim was residing along with his mother. The applicant has no criminal antecedents. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.