Afsal vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439  of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.1472 of 2022 of Anchal Police Station, Kollam district, registered for the offences punishable under Sections 323, 324, 341 and 307 of the Indian Penal Code, 1860.

According to the prosecution, on 0211.2022 the accused became agitated with his grandmother when she directed him to reduce the volume on the TV and he pulled her down from the chair and later when the ambulance came to take her to the hospital, the accused blocked the ambulance and attempted to prevent immediate medical attention being provided to the grandmother, and thereby committed the offences alleged.

Sri.Aswin B., the learned counsel for the petitioner on behalf of Adv.K.P.Sujesh Kumar, submitted that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that the offence under Section 307 of IPC has been incorporated solely for the purpose of denying bail to the petitioner and the ingredients of the said Section are not even evident from the acts alleged. The learned counsel further contended that, even if the allegations are assumed for arguments sake to be true, it is evident that the prosecution has blown the incident out of proportion, for the purpose of preventing immediate release of the petitioner. It was also submitted that, petitioner is only 24 years in age and is willing to abide by any conditions that may be imposed upon him. Considering the fact that petitioner has no criminal antecedents and also that he was arrested on the date of occurrence itself i.e. 02.11.2022 and has been in custody since then, bail ought to be granted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and submitted that allegations are serious requiring continued detention. It was further submitted that petitioner had reacted violently for a very minor reason, which clearly indicates his propensity to violence. It was contended that, if the petitioner is released at this juncture, there is every possibility of him influencing and intimidating the witnesses. All the more so, since the defacto complainant is his own mother while the injured is his own grandmother.

I have considered the rival contentions and have also perused the records produced along with this bail application.

The petitioner is alleged to have pulled down the grandmother merely because she asked the petitioner to reduce the volume of the TV. Even though the allegations are serious in nature, considering the young age and also the period of detention already undergone, and reckoning the arguments of Adv.Aswin B., I am of the view that petitioner can be released on bail, however on strict conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

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