Mahesh. M vs State Of Kerala

This application seeking anticipatory bail is filed under Section 438 of the Code of Criminal Procedure (“Code†for short) by the 4th accused in

Crime No.1731 of 2020 of the Chengannur Police Station. The aforesaid crime was originally registered under Section 57 of the Kerala Police Act.

In the statement furnished before the Police, the allegation is that the daughter of the informant, who had not attained age of majority had eloped

with the 1st accused in the aforesaid crime. Later, based on additional information a report was submitted before the Court incorporating Sections 363,

368, 370, read with 34 of the IPC and Section 84 of the Juvenile Justice (Care and Protection of Children) Act.

The specific case of the prosecution is that the 1st accused was in love with the daughter of the de facto complainant and they had eloped together.

The allegation against accused nos.2 to 5 is that they, being friends provided, assistance for the love struck couple to escape and escorted their

vehicle.

Learned counsel appearing for the applicant submitted that accused nos. 2, 5 and 6 were arrested in the course of the proceedings and they were

later released on bail. According to the learned counsel, accused no.2 is the brother of the 1st accused and insofar as the petitioner herein is

concerned the only allegation is that he had followed them in another car. It is further submitted by the learned counsel that W.P.(Crl.)No.29 of 2021

seeking a Writ of Habeas Corpus has been filed before this Court and the same is pending. The learned counsel also submitted that the applicant is

innocent of all allegations.

The learned Public Prosecutor has opposed the prayer. It is submitted that the information gathered by the Police reveals that the daughter of the

informant has attained majority and she has married the 1st accused. It is submitted that it was the 6th accused, who provided space for them to stay.

I have considered the submissions and have carefully evaluated the records. It appears from the records that the role of the applicant herein is

limited. Having considered the facts and circumstances, I am of the view that the custodial interrogation of the applicant is not necessary for an

effective investigation in the instant case.

In the result, this application will stand allowed. The applicant shall appear before the Investigating Officer within ten days from today and shall

undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/-

(Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

i) The applicant shall cooperate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or

till final report is filed, whichever is earlier.

ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from

disclosing such facts to the court or to any police officer.

iii) He shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.