Adhil vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 1 to 3 in Crime No.929/ 2023 registered by the Pavaratty Police Station, Thrissur, alleging them to have committed the offences punishable under Sections 341, 323, 324, 326, 506, 308 r/w Section 34 of the Indian Penal Code. The petitioners had surrendered and were arrested on 12.12.2023.

The gist of the prosecution case is that: due to the previous animosity between the accused and the de facto complainant, on 4.10.2023, at 10 hours, the accused armed with iron pipe and dangerous weapons went to the shop of one Kassim, and the first accused struck the de facto complainant with an iron pipe on his right leg and nose and he sustained a fracture on his nasal bone and injury to his right leg. When the friend of the de facto complainant attempted to intervene, 1st accused beat him also with the iron pipe. The 2nd accused struck the de facto complainant on his head and the 3rd accused intimidated to do away with the de facto complainant. Had the de facto complainant not evaded the struck, he would have lost his life. Thus, the accused have committed the above offences.

Heard; Sri. Sarath Babu, the learned counsel appearing for the petitioners and Smt. Neema T.V. the learned Public Prosecutor appearing for the respondent.

The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusation levelled against them. Annexure A2 FIR has been registered as an aftermath to Annexure A1 FIR, which was registered at the instance of the petitioners for the injuries that was sustained to them at the instance of the de facto complainant and others. It is only to pressurize the petitioners not to prosecute Annexure A1, that Annexure A2 has now been registered. The petitioners are in incarceration since 12.12.2023. The investigation in the case is practically complete. The petitioners are willing to co-operate with the investigation and abide by any stringent conditions that may be imposed by this Court. Hence, the application may be allowed.

The learned Public Prosecutor strongly opposed the application. She submitted that the investigation is in progress. Going by the wound certificate, the de facto complainant had sustained a fracture to his nasal bone. There is every likelihood of the tranquility in the locality being affected, if the petitioners are let off on bail. Hence, the application may be dismissed.

After bestowing my anxious consideration to the materials placed on record, particularly the fact that Annexure A1 FIR was registered at the instance of the petitioners as against the de facto complaint and others alleging them to have committed the offences punishable under Sections 341, 323, 324 and 506 of IPC and that the petitioners are in incarceration since 12.12.2023 and further that the investigation has progressed and there is no recovery to be effected, I am of the definite view that the petitioners’ continued detention is unnecessary. Therefore, I am inclined to release the petitioners on bail, but subject to stringent conditions.

In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioners shall appear before the Investigating Officer on every alternate Saturdays between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. And they shall also appear before the Investigating Officer as and when required;

(ii) The petitioners shall  not  directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioners shall not commit any offence while he is on bail;

(iv) The petitioners shall surrender their passport, if any, before the court below at the time of execution of the bond. If they have no passports, they shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663].