A.SASIEKHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No.389 of 2016 of the Kanjiramkulam Police Station registered under Sections 452, 341, 294 (B), 323, 354, 506 (ii) read with Section 34 of the Indian Penal Code. The de facto complainant and her husband had availed some loan from the Co -operative Bank, of which the petitioner herein is the President.

(2.) The prosecution case is that, with a view to compel her to make payment of the loan amount, the petitioner and some other office bearers trespassed into the house of the complainant on 4.3.2016 at about 8.30 pm, assaulted her, intimidated her, and also obtained her signature in some papers.

(3.) This application for pre arrest bail is opposed by the learned Public Prosecutor on the ground B.A No.3994 of 2016 that the custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that the accused is now released, he will definitely obstruct the proper and effective investigation.