Aji vs State Of Kerala

Mohammed Nias C.P., J

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

The petitioner is the accused in Crime No.504/2023 of Ramamangalam Police Station, Ernakulam district, for having committed offences punishable under Sections 341, 294(b), 324, 308 of the Indian Penal Code.

The prosecution case is that the petitioner and the defacto complaint are neighbours and friends. Due to some exchange of words, the petitioner/accused pushed the defacto complaint, because of which he fell down on the road and caused minor abrasions on his head. The alleged offence happened on 8.09.2023, and the defacto complaint was not admitted to any hospital. The present complaint is only an afterthought of the defacto complainant. The defacto complainant waited till 13/09/2023 to file a complaint. In fact, he has no injury, as alleged by the police, thereby committing the above offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 13.09.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, the accusations against the petitioner and the fact that the alleged incident happened on 8.9.2023, based on which a complaint was given and FIR was filed on 13.09.2023 and also that he has been in custody since 13.09.2023, there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

The petitioner shall be released on bail on 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 jurisdictional court;

He shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months or as and when directed to appear.

He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

He shall not commit any offence while on bail;

He shall not leave the State of Kerala without the permission of the Court having jurisdiction;

The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

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