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2021 DIGILAW 462 (KER)

Hamsa MP, S/o. ABDU v. State Of Kerala

2021-04-20

K.BABU

body2021
ORDER : This application is filed under Section 438 of the Code of Criminal Procedure. 2. The petitioners are the accused in Crime No.315 of 2020 Kadampuzha Police Station. The offences alleged against the petitioners are punishable under Sections 143, 147, 294(b), 341, 323, 354, 506(1) r/w 149 of the Indian Penal Code, 1860. 3. The prosecution case is that on 20.12.2020, the petitioners formed themselves into an unlawful assembly and wrongfully restrained the defacto complainant and other members of her family, uttered obscene words and voluntarily caused hurt to the defacto complainant. It is further alleged that the petitioners used criminal force to the defacto complainant intending to outrage her modesty. 4. The case of the petitioners is that the alleged incident happened during a procession in connection with a political meeting. A scuffle occurred between the defacto complainant and the petitioners who belong to rival political parties. The petitioners had intentionally not committed any offence as alleged. Due to political animosity the petitioners have been implicated as accused in this crime. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. The learned Public Prosecutor submitted that the prosecution has no serious objection in granting bail to the petitioners provided they are ready to cooperate with the investigation. The learned Public Prosecutor fairly conceded that the ingredients of the offence punishable under Sec.354 are absent in the allegations. 7. Having gone through the materials this Court is of the view that custodial interrogation of the petitioners is not required. 8. The materials available lead me to conclude that there is some doubt as to the mens rea of the petitioners in the commission of the alleged acts. There is no possibility of the petitioners to flee from justice. Considering the entire circumstances, I am of the view that the petitioners could establish a prima facie case for getting the benefits contemplated under Section 438 of the Code of Criminal Procedure. In the result, this Bail Application is allowed as follows : (i) The petitioners shall appear before the Investigating Officer on 30.04.2021, for interrogation. (ii) The investigating officer is directed to release the petitioners, on bail, in the event, they are arrested, on their executing bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum. (iii) The petitioners shall appear before the Investigating Officer as and when required. (ii) The investigating officer is directed to release the petitioners, on bail, in the event, they are arrested, on their executing bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum. (iii) The petitioners shall appear before the Investigating Officer as and when required. (iv) The petitioners shall not interfere with the process of investigation. The petitioners shall not influence or intimidate the witnesses in this case.