Antony Raijan @ Nikhil vs State Of Kerala

P.G. Ajithkumar, J.

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

The petitioners are accused 1 to 4 in Crime No.1097 of 2021 of Peraumbavoor Police Station for having allegedly committed the offences punishable under Sections 379 and 429 read with Section 34 of the Indian Penal Code, 1860 and under Section 11(1)(i) of the Prevention of Cruelty to Animals Act, 1960.

The prosecution allegation is that with the intention to commit theft of a buffalo belonging to the de facto complainant, which was tied at Anakathodu paddy field, the accused persons in between 6.00 p.m. on 15.06.2021 and 10.00 a.m. on 16.06.2021, untied the buffalo and took it to a nearby place and slaughtered, causing a loss of Rs.70,000/-to the de facto complainant.

The crime was registered on 01.07.2021, after a delay of 15 days. There is no case for the de facto complainant that he did not know the incident soon after it occurred. Considering the delay occasioned and the fact that the place where the carcass of the buffalo was buried having been known to the investigating agency, there is no purpose in arresting and detaining the petitioners during the period of investigation. The learned Public Prosecutor would submit the interrogation of the petitioners is necessary for the progress of the investigation.

Under the above circumstances, I am inclined to allow the application. Hence, the bail application is allowed and the petitioners are therefore directed to appear before the Investigating Officer within two weeks and in the event of their being arrested, they shall be released on bail on execution of a bond for Rs.50,000/-(Rupees fifty thousand only) by them along with two solvent sureties each for the like amount to the satisfaction of the Investigating Officer, and on the following conditions:

(i) They shall appear before the Investigating Officer as and when called for;

(ii) They shall not influence or intimidate witnesses or tamper with evidence; and

(iii) During the bail period, they shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.