Back
HIGH COURT OF KERALA
B.SUDHEENDRA KUMAR, J
RATHEESH – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./3674/2016
Bail - Criminal Proceedings - Cr.P.C Section List - The court examined Section 438 of the Cr.P.C, determining that custodial interrogation was unnecessary given the trivial nature of injuries suffered by the complainant and prior bail granted to co-accused, thus justifying the grant of bail.
Fact of the Case:
The petitioner, an accused in a police case, sought pre-arrest bail after the prosecution alleged he attacked the complainant alongside others, causing minor injuries.
Finding of the Court:
The court found that custodial interrogation was unnecessary as the injuries were trivial and considered the circumstances, allowing the bail application.
Issues: Whether pre-arrest bail should be granted considering the nature of the injuries and necessity for custodial interrogation.
Ratio Decidendi: The court established that the triviality of the injuries and lack of necessity for custodial interrogation are valid grounds for granting bail under Section 438 Cr.P.C.
Final Decision: Bail granted with conditions.
ORDER
The petitioner is the accused in crime No.542/2016 of Thiruvalla Police Station, registered for the offence under Sections 341, 323 and 308 r/w Section 34 IPC. 2. The petitioner has filed this application under Section 438 Cr.P.C
3. The prosecution allegation is that on 23.02.2016 at 9.45 a.m., the petitioner and the other accused attacked the de-facto complainant causing injuries on him. The 1st accused hit on the de-facto complainant with an iron block and the other accused attacked the de-facto complainant with hands.
4. Heard.
5. The learned Public Prosecutor has no serious objection in allowing this application. It appears from the wound certificate produced by the learned Public Prosecutor that the de-facto complainant sustained only very trivial injuries in the incident. The other accused persons have been already granted the relief under Section 438 Cr.PC, submitted at the bar. Considering the facts and circumstances of the case, I am of the view that the custodial interrogation of the petitioner is not necessary for the progress of investigation of this case. In the said circumstances, an order under Cr.PC will be justified in this case.
6. In the result, this bail application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in connection with crime No.542/2016 of Thiruvalla Police Station, on condition of the petitioner executing a bond for Rs.30,000/-(Rupees thirty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Sub Inspector of Police, Thiruvalla Police Station, before whom the petitioner shall surrender within 10 days from today, if not arrested in the meantime, and subject to the following further conditions:
1) The petitioner shall report before the Investigating Officer on every Monday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the Investigating Officer in writing to do so.
2) The petitioner shall not get involved in any offence while he is on bail.
3) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
