SHANIL – Appellant
Versus
STATE OF KERALA – Respondent
The petitioner is the 2nd
accused in Crime
No.408/2019 of Vatakara Police Station, registered for
the offences punishable under Sections 143, 147, 148,
341, 324 and 308 read with Section 149 IPC.
2.
The petitioner has filed this application under
Section 438 Cr.P.C.
3.
Heard.
4.
The learned Public Prosecutor has submitted
that the petitioner is not involved in any other offence. It
has been further submitted by the learned Public
Prosecutor that the petitioner did not use any weapon to
inflict any injury on the injured. No specific overt-act is
also alleged against the petitioner. Considering the facts
and circumstances of the case, I am of the view that the
custodial interrogation of the petitioner is not necessary
-3-
in this case, particularly when no recovery is to be
effected from the petitioner. That apart, the petitioner
has no criminal antecedent. In the said circumstances, I
am inclined to grant pre-arrest bail to the petitioner.
In the result, this bail application stands allowed
and the respondents are directed to release the
petitioner on bail in the event of his arrest in the above
said crime, on condition of the petitioner executing a
bond fo
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