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Judgment
22 paragraphs · 404 wordsRaja Vijayaraghavan V, J
The above captioned application seeking anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure ( “Code†for
short) by the sole accused in Crime No.310 of 2021 of the Kanjirappally Police Station registered under Sections 323 of IPC, 31(1) of the Domestic
Violence Act 18 r/w 75 of the Juvenile Justice Act.
The de facto complainant is the son of the petitioner herein. The prosecution allegation is that on 30.03.2021, the petitioner entered into the house
where his wife and son were residing and attempted to take away a gas cylinder. When they resisted his acts, the petitioner is alleged to have slapped
his son .
Learned counsel appearing for the applicant submitted that the applicant is innocent of all allegations.
The learned Public Prosecutor has opposed the prayer.
I have considered the submissions and have carefully evaluated the records. It does not appear from the records that any serious injuries were
sustained by the injured. The applicant is not reported to be a person with criminal antecedents. Having considered the facts and circumstances, I am
of the view that the custodial interrogation of the applicant is not necessary for an effective investigation in the instant case.
In the result, this application will stand allowed. The applicant shall appear before the Investigating Officer within ten days from today and shall
undergo interrogation. Thereafter, if he is proposed to be arrested, he 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 each for the like sum. The above order shall be subject to the following conditions:
i) The applicant shall cooperate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or
till final report is filed, whichever is earlier.
ii) He 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.
iii) He 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.