AI Structured Summary
Not yet generated for this judgment
Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicants are the accused Nos.1 to 4 in Crime No.1120/2026 of Anchalummoodu Police Station, Kollam District. The offences alleged are punishable under Sections 296(b), 115(2) and 118(1) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the accused persons, who were working as counter staff of Anchalummoodu Lake Palace Bar, in furtherance of their common intention, enraged by the de facto complainant questioning them for not providing liquor as per the bill, on 27.08.2026 at 11.45 p.m., uttered obscene words at the de facto complainant. The applicant No.1 took out an iron bar from the counter, and with the same, beat the hands of the de facto complainant's relative, and when the de facto complainant intervened, the applicant Nos.2 and 3 beat the de facto complainant using the same iron bar. The applicant Nos.1 to 3 assaulted the de facto complainant's relative and the applicant No.4 also assaulted the de facto complainant and his relative. The accused No. 5, using a mop with which he was wiping the floor, beat the de facto complainant and his relative on their back. All these acts happened after locking the door of the bar, as a result of which, the de facto complainant suffered serious injuries and thereby the applicants committed the above offences.
I have heard Sri.S.Sreekumar, the learned counsel for the applicants, Sri.Srinath C.V., the learned counsel for the defacto complainant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned counsel for the defacto complainant as well as the learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.
I went through the First Information Statement. Specific overt acts have been attributed to the accused Nos.1 to 3, who are the applicant Nos.1 to 3. They have used weapons. The defacto complainant sustained injuries in the incident. Hence, their custodial interrogation is necessary and they cannot be granted pre-arrest bail. However, as against the accused No.4, who is the applicant No.4, there is no serious overt act. He has not used any weapon. Hence, I am of the view that his custodial interrogation is not necessary and he can be granted pre-arrest bail.
The learned counsel for the applicants submitted that the applicant Nos.1 to 3 are ready to surrender before the investigating officer.
In the result, the application is allowed in part on the following conditions:-
The applicant No.4 shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
The applicant No.4 shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
The applicant No.4 shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant No.4 shall not commit any offence of a like nature while on bail.
The applicant No.4 shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant No.4 shall not leave the State of Kerala without the permission of the trial Court.
The applicant Nos.1 to 3 shall appear before the Investigating Officer within a week from today and shall subject themselves to interrogation.
After interrogation, if the Investigating Officer arrests the applicant Nos.1 to 3, they shall be produced before the jurisdictional court without undue delay.
On production of the applicant Nos.1 to 3 before the jurisdictional court, if any application for bail is filed, the court shall consider the same, preferably on the same day itself, in accordance with law.
The copy of the bail application shall be given to the Prosecutor in advance.
The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.