BY AD v. T.MADHU

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP SMT SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 10992 OF 2023 2 ORDER The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre- arrest bail.

2. The petitioners are the accused 1 and 2 in Crime No.718/2023 of the Vidya Nagar Police Station, Kasargod, registered against them alleging to have committed the offences punishable under Sections 323, 308, 448, 506 read with Section 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that: on

01.11.2023 at about 3.16 p.m., the accused trespassed into a building named BAAB towers at Cherkala Town owned by the maternal uncle of the defacto complainant and threatened to kill him. The 2nd accused inflicted injuries on the head of the defacto complainant using a sharp edged weapon. Thereafter, the accused 1 and 2 beat and kicked the defacto complainant. However, since BAIL APPL. NO. 10992 OF 2023 3 the defacto complainant evaded the attack, it did not result in his death. Thus, the accused have committed the offence.

4. Heard; Sri.T.Madhu, the learned counsel appearing for the petitioners and Smt.Seetha S., the learned Public Prosecutor appearing for the respondent.

5. The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in the above crime due to the influence of the defacto complainant. In fact, the petitioners were attacked by the defacto complainant on the very same day and Annexure A2 FIR was registered as Crime No.709/2023 against the defacto complainant for the offences punishable under Sections 341, 324 and 326 of the Indian Penal Code. Annexure A2 was registered at the first instance. It is subsequently, as a counter blast to Annexure A2, that Annexure A1 has been registered. The petitioners have also sustained serious injuries in the BAIL APPL. NO. 10992 OF 2023 4 incident. It is only a retaliatory attempt that the present crime has been registered by the Police. The petitioners are willing to abide by any conditions that may be imposed by this Court and are willing to co-operate with the investigating Officer. Hence, an order of pre-arrest bail may be passed in favour of the petitioners.

6. The learned Public Prosecutor, on instructions, conceded to the fact that Annexure A2 FIR was registered by the Police at the first instance on

02.11.2023 at about 18.28 hours and Annexure A1 FIR, the FIR in question, was registered only on 04.11.2023 at

17.04 hours. She also submitted that the 2nd petitioner has sustained grievous injuries in the incident and that is why Section 326 has been incorporated. She further submitted that a similar crime was registered against the 1st petitioner in connection with a similar incident involving the uncle of the defacto complainant. She submitted that if at all the petitioners are granted an order of pre-arrest bail, the same may be on stringent BAIL APPL. NO. 10992 OF 2023 5 conditions.

7. After bestowing my anxious consideration to the materials placed on record, particularly taking note of the fact that Annexure A2 FIR was registered on

02.11.2023 at 18.28 hours as against the defacto complainant alleging him to have committed the offences under Sections 341, 324 and 326 of the Indian Penal Code and that Annexure A1 FIR was subsequently registered on 04.11.2023, I am of the definite view that the complicity of the petitioners is not as alleged by the prosecution in Annexure A1 FIR. At any rate the custodial interrogation of the petitioners is not necessary; instead they have to co-operate with the investigation. Therefore, I am of the view that the petitioners are entitled to an order of pre-arrest bail. In the result, the application is allowed subject to the following conditions: i) The petitioners are directed to surrender before the BAIL APPL. NO. 10992 OF 2023 6 Investigating Officer within ten days from today; ii) In the event of the petitioners' arrest, the Investigating Officer shall produce them before the jurisdictional court on the date of surrender itself; iii) On such production, the jurisdictional court shall release the petitioners on bail on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the jurisdictional court; iv) The petitioners shall co-operate with the investigation and make themselves available for interrogation and for the purpose of investigation as and when the Investigating Officer directs; v) The petitioners shall not intimidate witnesses or interfere with the investigation in any manner; vi) The petitioners shall not get involved in any other offence while on bail; BAIL APPL. NO. 10992 OF 2023 7 vii) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law; viii) Applications for deletion/modification of the bail conditions shall also be filed before the court below. rkc/09.01.24 Sd/- C.S.DIAS JUDGE BAIL APPL. NO. 10992 OF 2023 8 APPENDIX OF BAIL APPL. 10992/2023 PETITIONER ANNEXURES Annexure -A1 Annexure -A2 Annexure -A3 THE TRUE COPY OF THE FIR DATED 4/11/2023 IN CRIME NO.718/2023 OF VIDYANAGAR POLICE STATION; KASARAGOD DISTRICT THE TRUE COPY OF THE FIR DATED 2/11/2023 IN CRIME NO.709/2023 OF VIDYANAGAR POLICE STATION THE TRUE COPY OF THE ORDER DATED 24/11/2023 IN CRL.M.C.NO.197/2023 ON THE FILES OF THE SESSION'S COURT; KASARAGOD