Vipin vs State Of Kerala

This petition is filed under section 438 of the Code of Criminal Procedure.

The petitioners herein are the accused Nos.1 to 3 in Crime No.114 of 2018 of the Ottappalam Police Station, registered under Section 353 read with Section 34 of the IPC and Section 3(1) of the Prevention of Damages to Public Property Act.

The informant is a civil police officer attached to the Ottappalam Police Station. A music recital was going on at the Pathankulam temple in connection with the festival and when it went on after the approved time, the informant gave directions to conclude the programme. There occurred an altercation and it is alleged that the de facto complainant was assaulted and he was deterred from discharging his official duty. It is further alleged that the key to the police jeep was also taken away by some of the miscreants.

The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been roped in merely because they were members of the festival committee. It is submitted that the informant was the police driver and he had no business to pass refrain orders. Finally it is submitted that no injuries were sustained by the officer. The allegation that the key to the police jeep was taken away is baseless as the key was obtained from the place where the vehicle was parked on the next day itself.

The learned Public Prosecutor has opposed the prayer. However it is submitted that the key was obtained on the next day itself and no serious injuries were sustained by the informant. The petitioners are not persons with criminal antecedents.

Having regard to the nature and gravity of the allegations, the custodial interrogation of the petitioners does not appear to be warranted in the instant case. I am inclined to grant an order of pre-arrest bail to the petitioners.

In the result, this petition is allowed. However, it shall be subject to the following conditions.

i).The petitioners shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) each with two solvent sureties each for the like sum.

ii)The petitioners shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed.

iii)The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

iv)The petitioners shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.