Allowed

T.D Das v. State of Kerala

Kerala HC14 Jun 2023Bail Appl./2836/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a pre-arrest bail application filed under Section 438 CrPC. The petitioner, charged with offences under Sections 323, 324 IPC (assault) and 506 IPC (criminal intimidation), was granted bail subject to specific conditions including limited custody for investigation, executing a bond with sureties, and restrictions on witness tampering and leaving the country.

What did the court decide?

Bail allowed with conditions: limited custody for investigation, execution of bond with sureties if arrested, cooperation with investigation, no witness tampering, and no leaving India.

T.D Das Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 14^TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945

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BAIL APPL. NO. 2836 OF 2023

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CRIME NO. 282 OF 2023 OF THIRUVALLA POLICE STATION,

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PATHANAMTHITTA

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PETITIONER/ACCUSED:

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T.D DAS
AGED 65 YEARS
S/O THEVAN KUNJAN,
MARATHINADIYIL HOUSE, COMPANIMALA,
PURAMATTAM P.O. MALLAPPALLY,
PATHANAMTHITTA DISTRICT, PIN - 689543

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BY ADVS.
T.P.PRADEEP
P.K.SATHEES KUMAR
MINIKUMARY M.V.
R.K.PRASANTH
JIJO JOSEPH

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RESPONDENT:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN – 682031

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BY ADV
NEEMA T.V
PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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B.A.No.2836 of 2023

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BECHU KURIAN THOMAS, J. ================== B.A.No.2836 of 2023

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==================

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Dated this the 14^th day of June, 2023

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ORDER

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This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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Petitioner is the first accused in Crime No. 282/2023 of Thiruvalla Police Station, Pathanamthitta, alleging offences under Sections 341, 323, 324 and 506 r/w Section 34 of the Indian Penal Code, 1860.

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According to the prosecution, on 23.02.2023, the Pickup Van driven by the defacto complainant was intercepted by the accused and he attacked the defacto complainant with an iron rod and chopper, and he sustained injuries and the accused thereby committed the offences alleged.

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I have heard Sri. T.P. Pradeep the learned counsel appearing for the petitioner as well as Smt. Neema. T.V, the learned the learned Public Prosecutor.

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Even though, initially it was submitted on behalf of the petitioner that, information had been received that the Investigating

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B.A.No.2836 of 2023

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Officer had incorporated Section 326 of I.P.C as an additional offence committed by the petitioner and therefore, petitioner was apprehending immediate arrest.

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Smt. Neema. T.V, the learned the learned Public Prosecutor, upon instructions, submitted that Section 326 of I.P.C. has not been incorporated as the treatment certificate received from the Government Taluk Head Quarters, did not show any factual commission of such an offence.

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The allegations against the petitioner is that he attacked the defacto complainant, after intercepting his vehicle. Even though, allegations are serious in nature, considering the nature of offences alleged, I am of the view that the custodial interrogation of the petitioner is not essential. However, limited custody is necessary for completing an effective investigation.

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Therefore, this application is allowed with the following conditions:-

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a) Petitioner shall appear before the Investigating Officer on or before 23.06.2023 and shall subject himself to interrogation.

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b) If after interrogation, the Investigating Officer proceeds to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

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B.A.No.2836 of 2023

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c) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

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d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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e) Petitioner shall not commit any similar offences while he is on bail.

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f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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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, notwithstanding the bail having been granted by this Court.

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BECHU KURIAN THOMAS

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jka/14.06.23.

T.D Das v. State of Kerala

Case brief

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T.D Das v. State of Kerala

Case brief

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