Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 [IN CRIME NO.1386/2022 OF POOYAPALLY POLICE STATION, KOLLAM] PETITIONERS/ACCUSED NOS.1 & 2: 1 DEEPU S AGED 36 YEARS, S/O.SASIDHARAN DEEPA BHAVAN, AAKKAL P.O., KANNANCODU, KOLLAM, PIN - 691516 2 RATHEESH LAL S AGED 40 YEARS/S/O.SATHEESAN LAL SADANAM, AAKKAL P.O., VELINALLUR, KOLLAM, PIN - 691516
BY ADVS. P.RAHUL ROOPKUMAR G. RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV.NOUSHAD K.A - PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
=========================== B.A.No. 7529 of 2022 ============================ Dated this the 6th day of October, 2022
ORDER
This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioners are the 1st and 2nd accused in crime
No.1386/2022 of Pooyappally Police Station, Kollam, alleging offences punishable under Sections 294(b), 506, 323, 341 and 354 r/w Section 34 of the Indian Penal Code, 1860.
3. According to the prosecution, the defacto complainant,
who is the Vice President of Velinalloor Grama Panchayat was assaulted by the accused, after catching hold of her shawl and thereby committed the offences alleged against him.
4. Shri.P.Rahul, the learned counsel for the petitioners
contented that the entire prosecution allegations are false and that the incident as alleged had not occurred. It was also submitted that petitioners are willing to abide by any conditions that may be imposed upon them.
5. Shri. K.A Noushad, the learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioners are serious in nature requiring custodial interrogation.
6. On a consideration of the circumstances arising in the
case, though I am of the view that the allegations are serious in nature, custodial interrogation of the petitioner is not required. In view of the above, the petitioner is entitled to be released on pre arrest bail.
7. Accordingly, this application is allowed on the following conditions:
a) In the event of the arrest of the petitioner in Crime No.1386/2022 of Pooyapally Police Station, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the court having jurisdiction. b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not destroy or tamper with the evidence or intimidate or threaten or contact the defacto complainant or her family members.
(d) Petitioner shall not commit any other similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
8. 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, notwithstanding the bail having been granted by this Court. BECHU KURIAN THOMAS JUDGE ssa/