Kerala High Court
By Advs.Sri.Nirmal vs By Advs.Sri.Nirmal V. Nair on 11 July, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY,THE 11TH DAY OF JULY 2016/20TH ASHADHA, 1938
Bail Appl..No. 4883 of 2016 ()
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CRIME NO. 839/2016 OF GANDHI NAGAR POLICE STATION, KOTTAYAM DISTRICT
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PETITIONER/ACCUSED IN CRIME NO. 839 OF 2016 OF GANDHINAGAR
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POLICE STATION :
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SUNIL V.P.,
S/O. PRABHAKARAN, AGED 45 YEARS,
RESIDING AT VADAKKATHUPARAMBIL HOUSE, ATHIRAMPUZHA P.O.,
ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK.
BY ADVS.SRI.NIRMAL V. NAIR
SRI.MANU TOM THOMAS
SRI.ANEESH JOSEPH
SRI.RILGIN V. GEORGE
RESPONDENT :
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STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI - 682 031.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 11-07-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Mn
P.UBAID, J.
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B.A.No.4883 of 2016
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Dated this the 11th day of July, 2016
ORDER
The petitioner herein seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.839 of 2016 of the Gandhi Nagar Police Station, registered under Sections 308, 452 and 294
(b) of the Indian Penal Code. He is the sole accused.
2. The prosecution case is that at about 7.30 p.m. on 08.06.2016, the petitioner herein trespassed into the house of the complainant, assaulted him and inflicted some simple injuries on his body with the knowledge of consequence that the injuries may cause death. On a perusal of the materials including the complaint and the wound certificate, I find that the complaint does not have any consistent case regarding the weapon used by the petitioner. The complaint shows that it was something like knife, but the wound certificate shows that the weapon is a B.A.No.4883 of 2016 2 blade. Anyway, the wound certificate shows that the complainant had not sustained any serious injury in the alleged incident. It is not known how the crime happened to be registered under Section 308 IPC. The complainant had sustained only some simple injuries in the incident. It appears that Section 308 IPC was incorporated in the FIR by the police on the basis of some hypothetical statement.
3. This application for pre arrest bail is opposed by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that if the accused is now released, he will definitely obstruct the proper and effective investigation.
4. On hearing both sides, and on a perusal of the materials including the case diary and the report of the Investigating Officer, I find that investigation in the crime is practically over, and that the petitioner can be granted pre arrest bail. I find that the investigating officer has already questioned the material witnesses. In the nature of the allegations, and also the nature of the materials required for B.A.No.4883 of 2016 3 prosecution, I find that custodial interrogation of the petitioner is not necessary in this case. I find that the police has gone a long way with investigation, and has already collected necessary materials. I do not find the necessity of detention of the petitioner in custody for the purpose of investigation in the above circumstances. It will suffice that the petitioner is directed to report before the investigating officer periodically. However, some other conditions are also felt necessary for bail.
In the result, this petition for pre arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for 30,000/- (Rupees Thirty Thousand only)each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of his arrest in connection with Crime No.839 of 2016 of the Gandhi Nagar Police Station. Bail is granted on condition that;
a) The petitioner shall report before the investigating officer between 10 am. and 11 am on all Saturdays for a period of two months. B.A.No.4883 of 2016 4
b) The petitioner shall not leave the limits of the Gandhi Nagar Police Station for a period of two months.
c) The petitioner shall not in any
manner influence or intimidate the material
witnesses, or he shall not have any contact with the material witnesses directly or over telephone or otherwise.
Sd/-
P.UBAID, JUDGE rkj //TRUE COPY// P.A. TO JUDGE