TIJO Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.672 of 2016 of the Idukki Police Station, registered under Sections 341, 294(b), 323, 506(i), and 354 read with 34 of the Indian Penal Code. They are the accused Nos.1 to 3 in the crime.

(2.) On a perusal of the complaint in this case, I find that what is prominently alleged is an instance of assault. The first informant happened to sustain injury when she involved in the dispute between her husband and the petitioners. These petitioners are father and sons. It is submitted that the Police has registered a counter case against the first informant and her husband as Crime No.673/2016 regarding the very same incident. It is well settled that a mere assault on a woman will not by itself come under Section 354 I.P.C.

(3.) On hearing both sides, and on a perusal of the materials, I find that investigation is practically over in this case, and the Police has already collected the required materials for a prosecution on the given allegations. Custodial interrogation of the petitioners in custody is felt not necessary in this case.