THRESIA DAS 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. 619 of 2016 of the Vizhinjam Police Station, registered under Sections 143, 147, 148, 149, 294(b), 341, 323, 283 and 353 of the Indian Penal Code, and also under Section 39 read with Section 121 of the Kerala Police Act. The petitioners are the accused Nos. 1, 3, 5, 6, 10, 11, 13, 14, 15, 16, 20, 22, 25, 28, 29, 34, 35, 36, 37, 39.

(2.) The prosecution case is that a gang of persons including 39 named persons and some other identifiable persons obstructed the Police party led by the Sub Inspector of Police, Vizhinjam, who came at the scene, on getting information regarding the death of one Simon, they attacked the Police party, inflicted injuries on the body of the Police personnel, and thus prevented discharge of duty by the Police Officials.

(3.) This application for pre -arrest bail is opposed by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial interrogation of the petitioners is absolutely necessary as part of investigation, and that if the accused are now released, they will definitely obstruct the proper and effective investigation.