Abhijith P.G. vs State Of Kerala

Ziyad Rahman A.A., J

This is an application for regular bail.

Petitioners are the accused Nos.1 & 2 in Crime No.384/2023 of Palluruthy Kasaba Police Station, Ernakulam District. The offences initially alleged against the petitioners were under Section 341 and 324 of the Indian Penal Code. The offence under Section 326 was also included, later.

The prosecution case is that on 08-02-2023, following a dispute with respect to a cigarette lighter in possession of the complainant, three identifiable persons attacked the defacto complainant with the intention to cause bodily harm to him. It is alleged that the 1st accused assulted him with a wooden piece and hit the complainant on his face, the 2nd accused hit the complainant with a stone in his possession and the 3rd accused, restrained the defacto complainant. The crime was registered in such circumstances and as part of the investigation, the petitioners were arrested on 13-03-2023. Since then the petitioners were under judicial detention and this application is submitted in such circumstances seeking regular bail.

Heard Shri. Rinny Stephen Chamaparampil, learned counsel appearing for the petitioners and Shri. M.P.Prasanth, learned Public Prosecutor, appearing for the State.

The learned counsel for the petitioners submits that they are innocent and all the allegations are false. He further submits that they are willing to comply with any condition that may be imposed by this Court and shall cooperate with the investigation.

On the other hand, the learned Public Prosecutor would oppose the aforesaid allegation. It is pointed out that there are specific overt act alleged against the petitioners herein, and the defacto complainant sustained grievous hurt also. The investigation is now in progress and therefore if the petitioners are granted bail at this stage it would affect the investigation, which is in progress.

I have gone through the records and heard the contentions of all the parties concerned. It is true that there are allegations against the petitioners. However, the fact remains that the petitioners are in custody since 13-03-2023 and more than a month has been elapsed. No criminal antecedents of the petitioners were brought to my notice and both the petitioners are very young i.e, 20 and 18 years respectively. In such circumstances taking into account all the relevant aspects including the period of detention the petitioners have already undergone, I do not find it necessary to continue the incarceration of the petitioners. There appears to be substantial progress in the investigation as well. In such circumstances, this bail application is allowed. The petitioners are directed to be released on bail on the following directions.

i) The petitioners shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

ii) The petitioners shall fully co-operate with the investigation.

iii) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

iv) The petitioners shall appear before the Investigating

v) The petitioners shall not commit any offence of similar nature while on bail.

vi) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vii) The petitioners shall not leave the State of Kerala without the permission of the jurisdictional court.

viii) The petitioners shall surrender their passport before the Jurisdictional court and, in case they do not have a passport, an affidavit to that effect shall be filed.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.