Ajesh vs State Of Kerala

Ziyad Rahman A.A., J

This bail application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in crime No.459/2023 of Pathanapuram Police Station. The offences alleged against the petitioner are under Sections 294(b), 323, 308 and 452 of the

The prosecution case is as follows: The defacto complainant who is the wife of the accused questioned the illicit relationship of the accused and on account of the animosity due to the same, on 05.04.2023 at 1 p.m., the accused trespassed into the house, where the defacto complainant was residing separately, uttered obscene words and assaulted the defacto complainant by hammering her head on the wall thereby causing injuries to her. The crime was registered in such circumstances. As part of the investigation, the petitioner was arrested on 06.04.2023 and since then he has been under judicial detention. This application is submitted by the petitioner seeking bail.

Heard Sri. Nirmal V. Nair, the learned counsel appearing for the petitioner and Sri. M.P. Prashanth, the learned Public Prosecutor for the State.

The learned counsel for the petitioner submits that, he is innocent of all the allegations and the complaint was submitted on account of certain matrimonial disputes between the parties.

On the other hand the learned Public Prosecutor would oppose the aforesaid application by pointing out that there are specific allegation of inflicting injuries upon the defacto complainant. The learned Public Prosecutor also points out that, if the petitioner is released on bail it is likely to hamper the prospects of investigation and the petitioner is likely to intimidate the witnesses.

I have gone through the records. It is true that there are allegations against the petitioner. The fact remains that the petitioner is in custody since 6.4.2023. No recovery is to be effected. Even though the learned Public Prosecutor voiced apprehension that the petitioner is likely to intimidate the victim, I am of the view that, the said apprehension can be addressed by incorporating appropriate conditions.

In such circumstances, taking note of the nature of the offences and period of incarceration of the petitioner had already undergone, I deem it appropriate to allow this bail application by releasing the petitioner on bail.

Accordingly, the petitioner is directed to be released on bail subject to the following conditions:-

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

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report.

(iv) The petitioner shall also appear before the Investigating Officer as and when required.

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court.

(vi) The petitioner shall not commit any offence of similar nature while on bail.

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

(viii) The petitioner shall not leave the State of Kerala without the permission of the trial Court.

(ix) The petitioner shall not enter into the jurisdiction of Pathanapuram Police Station except for the purpose of reporting the Police in compliance of the order passed by this Court until the final report is 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 law.