AMAL P. ASOKAN vs STATE OF KERALA,

Petitioner is the third accused in crime no.2847/2017 of Perumbavoor police station. He is alleged to have committed along with others offences punishable under Secs 143, 148, 294 (b), 324, 341, 452 and 506 of IPC read with IPC 149. The petitioner seeks bail under Sec.438 of Cr.P.C .

The prosecution case is as follows: The incident took place at 1.00 p.m on 3.9.2017. The accused persons trespassed into the house of the first informant and inflicted injuries on her and her children with sticks.

Heard the learned counsel for the petitioner and the learned public prosecutor.

The petitioner has his own version of the incident. It is not necessary to go into that version. I am told by the learned counsel for the petitioner that accused 5 and 6 in the same crime case has been granted bail under Sec.438 of Cr.P.C by this court in BA No.7110/2017. I am shown a copy of the said order. This court has said in the said order that the victim sustained only minor injuries. It is stated that sharp edged or heavy weapon was not used. It was therefore found that there was no necessity for any custodial interrogation on the petitioners therein. As accused 5 and 6 have been granted bail, there is no reason why the petitioner should be denied a similar treatment. I therefore allow the application.

The application is allowed. If arrested in connection with crime no.2847/2017 of Perumbavoor police station, the petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/-(twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer. The petitioner shall report to the investigating officer between 10.00 a.m and 11.00 a.m on every Friday for a period of two months or till the filing of the final report, whichever is earlier. The petitioner shall refrain from intimidating or attempting to influence witnesses; nor shall he destroy or tamper with evidence. The court concerned is hereby empowered to cancel the bail in accordance with law if any of the above conditions is violated.

If the petitioner surrenders before the court concerned, this order shall have no effect and the said court will pass appropriate orders in accordance with law as if this order has not been passed.