Point of Law: Criminal Law - Offence of Attempt to commit culpable homicide - Seeking pre-arrest bail - Petitioner can be granted pre-arrest bail, by invoking the power of this court under section 438 of the Code of Criminal Procedure, 1973 on stringent conditions

ORDER :

This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

2. The petitioner is the sole accused in Crime No1656/2020 of the Sakthikulangara Police Station. The offences alleged against the petitioner are under Sections 294(b), 341, 324 and 308 of the Indian Penal Code.

3. The prosecution case in short is that, on 02.12.2020, when the defacto complainant was travelling on his motorcycle, he was stopped by the petitioner and verbally abused and also attempted to stab on his neck. It is alleged that while attempting to resist the said attack, he sustained serious injuries. It is also alleged that if he had not resisted the said attack, serious injuries would have been sustained to his stomach.

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioner submitted that the petitioner is innocent of the allegations and he has been falsely implicated in the case. It is contended by him that, the materials available are not sufficient to establish any of the offences alleged against him. On the other hand, the learned Public Prosecutor strongly opposed the bail application and insisted for dismissal of the said application.

6. It is true that the allegations raised against the petitioner are serious in nature. However this Court is of the view that, at this stage, emphasis should be given to a proper and speedy investigation for which the presence of the accused before the Investigating Officer and his co-operation to the investigation is to be secured Further, in the facts and circumstances of the case, this court is also of the view that the custodial interrogation of the petitioner does not appear to be necessary.

7. It is also a relevant aspect to notice that, on account of the alarming situation prevailing in the State owing to wide spread of COVID-19 Pandemic, the Government is taking measures to de-congest the prisons so as to enable the authorities concerned to maintain social distancing within the prisons. As part of the said initiative, they have issued G.O(Rt)No.1311/2021/HOME dated 05/05/2021, directing the authorities concerned to grant parole to eligible inmates of the Prisons in the State, subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional Services (Management) Rules 2014. The Honourable Supreme Court also, vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No 1/2020 issued various directions for minimizing the strength of inmates in prisons. In my view, the above aspects are also very much relevant while considering this bail application.

8. In the above circumstances, even though, there are serious allegations raised against the petitioner, this Court is of the view that, the petitioner can be granted pre-arrest bail, by invoking the power of this court under section 438 of the Code of Criminal Procedure, 1973 on stringent conditions:

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall surrender before the Investigating officer, within a period of two weeks from today, for subjecting himself for interrogation. However, while computing the period as mentioned above, the period of lock down, if any, declared by the Government owing to COVID-19 pandemic can be excluded.

(ii) After interrogation, the petitioner shall be released on bail, on the very same day of surrender upon the petitioner executing a bond for Rs 1,00,000/-(Rupees one lakh only) with two sureties each for the like sum, to the satisfaction of the investigating officer

(iii) The petitioner shall fully co-operate with the investigation, including subjecting himself to the deemed police custody for the purpose of discovery, if any, as and when demanded.

(iv) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until further orders. However, this condition shall stand suspended during the period of lock down declared by the Government owing to COVID-19 pandemic.

(v)