Abhinand vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by the 4th accused in Crime No.278 of 2023 of Kilikolloor Police Station, Kollam, under Section 439 of the Code of Criminal Procedure.

Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant materials, including the case diary and treatment records of the defacto complainant.

The prosecution case is that accused 1 to 3 along with 4 other identifiable persons formed into unlawful assembly with knowledge that they are all members of the said assembly, armed with deadly weapons and then assaulted the defacto complainant and his brothers Vishnu and Gokul at 9.30 p.m on 26.02.2023 with intention to cause grievous hurt, while they were watching festival of Peroor Karunalloor Bhagavathi Temple. The specific allegation is that accused 1 and 2 wrongfully grabbed Vishnu, who is one of the brothers of the defacto complainant, and pushed him. When Vishnu questioned the above act, accused 1 and 2 hit Vishnu with hands and kicked him down. When the defacto complainant and Gokul (another brother of the defacto complainant) went to help their brother Vishnu, they were also attacked by accused 1 to 3 along with 4 other identifiable persons. The specific allegation is that the 1st accused beat on the face of Vishnu by using a stone. The further allegation is that 2 ¼ sovereigns of gold chain having value of Rs.85,000/- also was stollen away by the accused. On these bundle of overt acts, prosecution alleges commission of offences punishable under Sections 143, 147, 148, 341, 294(b), 323, 324, 326, 427, 149 of the Indian Penal Code.

While pressing for grant of regular bail to the petitioner, who has been in custody from 11.03.2023, the learned counsel for the petitioner would submit that the petitioner is innocent and the main overt acts are against the other accused. It is pointed out further that since the petitioner has been in custody from 11.03.2023 and the investigation has achieved much progress, he may be released on bail.

Whereas the learned Public Prosecutor strongly opposed grant of bail highlighting the primitive stage of investigation and the serious injuries sustained by Vishnu. It is submitted by the learned Public Prosecutor that the defacto complainant and his brothers sustained injuries and Vishnu sustained very serious head injury. He underwent treatment for the same. He had placed outpatient tickets pertaining to the treatment of Vishnu and the defacto complainant along with CT scan report of Vishnu, to substantiate this contention.

On perusal of the prosecution records, the prosecution allegations are well made out, prima facie. The specific allegation is that the 4th accused also assaulted the defacto complainant and his brothers as part of the unlawful assembly. From the treatment records of Vishnu, it could be gathered that Vishnu suffered, depressed communicated fracture of left zygomatic arch fracture, with overlying mild soft tissue swelling. Along with mild soft tissue, swelling noted in left maxiliary region could be seen.

Similarly, Kishore also sustained injury on his right shoulder and he was referred to orthopaedic consultation. The details of orthopaedic consultation could not be gathered. Anyhow, no antecedents were reported in so far as the petitioner is concerned.

Having considered the progress of the investigation and stature of the petitioner as first time offender, the petitioner, who has been in custody from 11.03.2023 onwards, can be enlarged on bail.

Accordingly, the petition stands allowed and the petitioner can be released on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. The petitioner shall surrender his passport, if any, within 7 days from the date of their release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

v. Accused/petitioner shall not involve in any other crime during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.