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2013 Supreme(Online)(KER) 16811
HIGH COURT OF KERALA
P.S.GOPINATHAN, J
JOSE.T.Y – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./618/2013
SRI.K.S.ARUN KUMAR, SRI.M.S.DILEEP
The court emphasized the importance of ensuring that bail does not compromise the integrity of the investigation or witness testimony.
Headnote:
Bail - Petition for Bail - Code of Criminal Procedure Section 438 - Court grants anticipatory bail with conditions to avoid influence on witnesses and ensure compliance with investigation.
Fact of the Case:
Petitioners, accused in a police case, sought anticipatory bail under the Code of Criminal Procedure due to fears of false implications and torture during detention.
Finding of the Court:
The court found no reason to deny bail, granting the petitioners relief and imposing conditions for their cooperation with the investigation.
Issues: Whether the petitioners should be granted anticipatory bail under Section 438 of the Code of Criminal Procedure.
Ratio Decidendi: The court's decision to grant anticipatory bail was based on the lack of evidence against the petitioners and the need to ensure they do not influence witnesses.
Final Decision: Anticipatory bail granted with specific conditions.
O R D E R
Petitioners are accused 5 to 10 in Crime No.1018/2012 of Kunnathunadu police station for offences under Sections
143,147,427,447 and 294(b) read with Section 149 IPC.
2. Apprehending arrest, detention and torture at the hands of the investigating officer, this petition is filed under Section 438 of the Code of Criminal Procedure seeking an order to release the petitioners on bail in the event of arrest with a plea that the petitioners were falsely implicated.
3. Having heard either side, I find no reason to decline the relief sought for by the petitioners.
4. In the result, this petition is allowed and there would be an order directing the petitioners to surrender before the investigating officer. The investigating officer, after arrest, interrogation and recovery, if any, shall produce the petitioners before the Magistrate concerned so as to enable the petitioners to apply for regular bail. On such application, the petitioners shall be released on bail on executing a bond for Rs.15,000/-
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each with two solvent sureties each for the like amount to his satisfaction on the following conditions:
i. The petitioners shall report before the investigating officer as and when called upon.
ii. Each of the petitioners shall deposit Rs.1,500/- before the Magistrate.
iii. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case against them so as to dissuade them from disclosing such facts to the Court or to any police officer.
iv. In the event the petitioners fail to appear before the investigating officer within a week, the investigating officer is at liberty to arrest the petitioners.
P.S. GOPINATHAN, JUDGE.
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