Xxxx vs State Of Kerala

This application is filed under Section 438 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No. 54/2021 of Perumpadappu Police Station, Malappuram. The offences alleged against the petitioners are punishable under Sections 341, 323, 506 of the Indian Penal Code and Section 75 of Juvenile Justice Act.

The prosecution case:

The petitioner is the husband of the defacto complainant. On 18.3.2021 on 9.30 hours, the petitioner wrongfully restrained the defacto complainant and voluntarily caused hurt to her. The minor daughter of the parties tried to intervene in the matter. The petitioner assaulted her also.

The case of the petitioner is as follows:-Matrimonial disputes are pending between the petitioner and the defacto complainant. The defacto complainant is living in inimical terms with the petitioner for the reason that he questioned the defacto complainant, on getting information that the daughter of the parties developed an affair with a neighbour. He has been falsely implicated in this crime due to that enmity.

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

The learned Public Prosecutor submitted that custodial interrogation of the petitioner is not required. The learned Public Prosecutor also submitted that the prosecution has no serious objection in granting bail to the petitioner provided he is ready to cooperate with the investigation.

Having gone through the materials this Court is of the view that custodial interrogation of the petitioner is not required.

The materials available lead me to conclude that there is some doubt as to the mens rea of the petitioner in the commission of the alleged acts. There is no possibility of the petitioner to flee from justice.

Considering the entire circumstances, I am of the view that the petitioner could establish a prima facie case for getting the benefits contemplated under Section 438 of the Code of Criminal Procedure.

In the result, this Bail Application is allowed as follows :

(i) The petitioner shall appear before the Investigating Officer on 4/5/2021, for interrogation.

(ii) The investigating officer is directed to release the petitioner, on bail, in the event, he is arrested, on his executing bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum.

(iii) The petitioner shall appear before the Investigating Officer as and when required.

(iv) The petitioner shall not interfere with the process of investigation. The petitioner shall not influence or intimidate the witnesses in this case.