Vijo C.V vs State Of Kerala

C.S. Sudha, J

This is an application under Section 438 Cr.P.C. for per-arrest bail filed by the petitioners/A1 and 2 in Crime no.1080/2021 of Valappad Police Station, Thrissur District alleging the commission of the offences punishable under Sections 341, 323, 324 and 308 read with Section 34 IPC.

The prosecution case is that the accused- three in number, due to their enmity towards the informant, on 24.10.2021 wrongfully restrained him and voluntary caused injury to him by hitting him with a piece of granite stone and also beating him with a stick causing injuries to him. Hence, the accused are alleged to have committed the offences punishable under the above mentioned Sections.

The application is opposed by the learned Public Prosecutor on the ground that the investigation is still at its initial stage. The first petitioner/A1 has criminal antecedents and several crimes have been registered against him. It is also submitted that in case the petitioners/A1 and A2 are released on bail, there is every possibility that petitioners/A1 and A2 would cause breach of peace in the locality and there is also the possibility of the petitioners interfering with the course of investigation.

It is submitted by the learned counsel for the petitioners/A1 and A2 that they are innocent of the offences alleged them. Actually, the informant/injured herein along with his associates had assaulted and injured the petitioners herein. As self defense the petitioners had resisted the assault resulting in injuries to both sides. It is also submitted that the crimes alleged to have been registered against the petitioner/A1 are of the year 2016 and 2017 and in most of the cases the first petitioner/A1 has been acquitted.

Heard both sides. Perused the records.

The application is opposed by the Investigating Officer on the ground that there are several crimes registered against the first petitioner/A1 and that there is every possibility of the petitioners/A1 to A2 committing offences of like nature and causing breach of peace in the locality, in case they are released on bail. It is seen that the first petitioner/A1 has several crimes registered against him. However, the second petitioner/A2 has no criminal antecedents. Taking into account the nature of the offence alleged, the second petitioner/A2 can be granted pre-arrest bail on stringent conditions.

In the result, the application is partly allowed. The application in respect of the first petitioner/A1 is dismissed. The application in respect of the second petitioner/A2 is allowed subject to the following conditions :

(i) The second petitioner/A2 in the event of his arrest in the aforesaid crime shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each.

(ii) The second petitioner/A2 shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 1 p.m. till the final report is filed. He shall also appear before the Investigating Officer as and when required by the latter.

(iii) The second petitioner/A2 shall not enter into the jurisdiction of Valappad Police Station except for reporting before the Investigating Officer.

(iv) The second petitioner/A2 shall co-operate with the investigation and he shall not intimidate or influence the witnesses in any manner or interfere with the investigation.

(iv) The second petitioner/A2 shall not commit any offence(s) while on bail.

Needless to say, in the event of violation of any of the conditions of the bail, the Investigating Officer will be at liberty to move the jurisdictional Magistrate for cancellation of the bail.