The absence of evidence of complainant's disability justified granting pre-arrest bail under stipulated conditions.

ORDER

The petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023, for pre-arrest bail. The petitioner is the accused in Crime No.604/2025 of Chavara Police Station, Kollam. The offence alleged against him are under Sections 296 (b) and 351(1) of the Bharatiya Nyaya Sanhita , 2023, and Section 92 (a) of the Rights of Persons with Disabilities Act , 2016(in short, ‘Act’).

2. The prosecution case is that, on 05.03.2025, at about 11:30 am, the petitioner verbally abused and criminally intimidated the de facto complainant, who was working as Village Officer, Panmana Village Office, for not issuing Non-Creamy Layer Certificate to his son, out of the way.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

4. Section 92 (a) of the Act is the only non-bailable offence involved in this case. However, the First Information Report in this case does not reveal that the de facto complainant is suffering from any such disabilities under the aforesaid Act.

5. Having regard to the facts and circumstances of the case, I am of the view that the petitioner is entitled for pre-arrest bail subject to strict conditions for his surrender before the Investigating Officer and co-operation with the investigation.

Accordingly, the application stands allowed as follows:

(i) The petitioner is directed to surrender before the Investigating Officer at 8:00 am on any day before 05.04.2025.

(ii) Upon such surrender, the Investigating Officer will be free to arrest the petitioner, subject him to custodial interrogation and to proceed with the collection of evidence till 5:00 pm, on the date of his surrender.

(iii) If arrested, the petitioner shall be released on bail within a time not later than 5:00 pm on the date of his surrender on execution of bond for Rs.50,000/-(Rupees fifty thousand only), with two solvent sureties each, for the like amount.

(iv) The petitioner shall appear before the Investigating Officer on such other days also, as required by the Investigating Officer and co-operate with the investigation.

(v) The petitioner shall not involve in any crime during the period of bail.

(vi)The petitioner shall not try to influence the witnesses or tamper the evidence.

(vii) In the event of failure of the petitioner to comply with the aforesaid directions, this order will stand cancelled.