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2019 Supreme(Online)(KER) 68424

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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