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Chandran, Kasargode & Another v/s State of Kerala, Represented by Public Prosecutor, High Court of Kerala, Ernakulam


    Bail Appl. No. 4539 of 2018

    Decided On, 16 July 2018

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE V. RAJA VIJAYARAGHAVAN

    For the Petitioner: Rajesh Vijayan, Advocate. For the Respondent: C.N. Prabhakaran, Senior Public Prosecutor.



Judgment Text

1. This application is filed under 438 of the Cr.P.C.

2. The applicants herein are the accused Nos.1 and 2 in Crime No.290 of 2018 registered at the Bakel Police Station under 447, 354, 323, 506 r/w 34 of the IPC.

3. The de facto complainant is a lady and a relative of the applicants herein. Allegation is that on 12.5.2018 at 7.30 pm, the applicants herein trespassed into the house of the de facto complainant and pushed her, consequent to which she fell down. It is also alleged that the applicants assaulted her grandfather and caused injuries.

4. The learned counsel appearing for the applicants submitted that in respect of an incident which took place on 12.5.2018, the law was set in motion only on 3.6.2018. B.A.No.4539 of 2018 2 According to the learned counsel, there are property disputes between the parties and the delay in lodging the complaint would clearly show that the applicants herein have been roped in without a cause.

5. Heard the learned Public Prosecutor and I have gone through the materials on record.

6. I have considered the submissions advanced and have gone through the case diary. The case diary does not reveal that any inmates of the house had suffered any injuries. The non-bailable offence is under Section 354 of the IPC. However, there appears to be a long delay in approaching the police, which is unexplained. I am of the view that the custodial interrogation of the applicants are not necessary for an effective investigation.

In the result, this application will stand allowed. The applicants shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if B.A.No.4539 of 2018 3 they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) each with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

(i) The applicants shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 am and 1 pm for a period of one month or till the final report is filed whichever is earlier.

ii) 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/her from disclosing such facts to the court or to any police officer.

iii) T

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hey shall not commit any similar offence while on bail. 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.
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