Dated this the 30th day of November, 2023 This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

2. The applicant is the 2nd accused in Crime No.1518/2023 of Thiruvalla Police Station. The offences alleged are punishable under Sections 341, 332, 353 and 307 r/w 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

3. The prosecution case, in short, is that due to the enmity against the defacto complainant, the excise official in a previous crime, while on search of the 1st accused at his house, the 1st accused inflicted injury upon the left hand elbow of the defacto complainant with a sword and the 2nd accused wrongfully restrained him. It is further alleged that the 1st accused has inflicted injury on the other officials also and thereby committed the offences alleged.

4. I have heard Sri. T.P. Pradeep, the learned counsel for the applicant and Sri. M.C. Ashi, the learned Public Prosecutor.

Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation. 6. The applicant is the immediate neighbor of the 1st accused. According to the applicant, by hearing the cry from the house of the 1st accused, he, his relatives and others ran inside the house of the 1st accused, but he sustained serious injury with a sword by the defacto complainant while taking videography of the incidents in his mobile. There is no allegation in the FIS that would attract the offence under Sections 353 and 307 of the IPC against the applicant. He did not use any weapon also. In fact, he sustained serious injury in the incident while he intervened in the altercation. Still he is in the hospital. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

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

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.