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2021 DIGILAW 352 (KER)

Ubais v. State Of Kerala

2021-03-26

SHIRCY V.

body2021
ORDER : Application for pre-arrest bail. 2. The petitioners are the accused Nos.2, 3, 4, 5, 7 and 9 in Crime No.1402 of 2020 of Hosdurg Police Station, Kasargod District registered for the offences punishable under Sections 143, 147, 148, 452, 324, 354B, 506 and 149 of the Indian Penal Code. 3. The prosecution allegation case is that on 16.12.2020 at about 11.30 am these petitioners along with the other accused have formed themselves into an unlawful assembly, wrongfully trespassed into the residential house of the defacto complainant and manhandled him, his brother's wife and daughter. They have also outraged the modesty of the sister of the defacto complainant and thereby they have committed the aforesaid offences. 4. Heard the learned counsel for the petitioners as well the learned Public Prosecutor. 5. The learned counsel for the petitioners would submit that they are totally innocent of the allegations levelled against them. 6. In fact, there was a scuffle between these petitioners and the other accused and the defacto complainant in front of the residential house of the defacto complainant. But they never trespassed into the house or manhandled anyone as alleged by the prosecution. Still they apprehend arrest and hence this application. 7. The learned Public Prosecutor submitted that some of the accused have already been arrested and released on bail. The first petitioner, who is the second accused has also been arrested along with the other accused. 8. The learned Public Prosecutor has also pointed out that the third petitioner (accused No.4) is having criminal antecedents but, it is fairly submitted that the other petitioners have no criminal antecedents. 9. Of course the offences alleged against these petitioners are grave and serious in nature. As some of the accused persons have already been arrested and recovery of the weapons used by them have also been effected, custodial interrogation of the petitioners may not be necessary. Moreover now the investigation of the case is well in progress. Having regard to the nature of the accusation levelled against these petitioners, the present stage of investigation as well the fact that the petitioners 2, 4, 5 and 6 have no criminal antecedents, I think that this application can be disposed of directing the petitioners to surrender before the Investigating officer on 31.03.2021 at 10.30 am. Having regard to the nature of the accusation levelled against these petitioners, the present stage of investigation as well the fact that the petitioners 2, 4, 5 and 6 have no criminal antecedents, I think that this application can be disposed of directing the petitioners to surrender before the Investigating officer on 31.03.2021 at 10.30 am. Upon such surrender, after recording their arrest and after interrogation, they shall be produced before the jurisdictional Magistrate on the very same day. If a bail application is moved by them, the jurisdictional Magistrate shall consider the same and release them on bail on the very same day subject to the following conditions :- (i) The petitioners shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Concerned. (ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing. (iii) They shall co-operate with the investigation and trial of the case. (iv) They 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 from disclosing such facts to the court or to any police officer or tamper with the evidence. (v) They shall not commit any offence while on bail. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.