Ameer vs State Of Kerala

Dr Kauser Edappagath, J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioners are the accused Nos. 1 and 4 in Crime No. 437 of 2022 of Kunnamangalam Police Station. The offences alleged are punishable under Sections 143, 147, 148, 341, 448, 506(1), 323, 324, 308, 427 read with 149 of the IPC and Section 3 read with Section 4 of the Kerala Health Care Service Institution (Prevention of Violence and Damage to Property) Act, 2012.

The prosecution case in short is that on 27.03.2022 at 10. p.m. the petitioners along with the remaining accused formed an unlawful assembly and assaulted the de facto complainant and his brother at Taluk Hospital Kunnamkulam and voluntarily caused hurt to the victim and attempted to commit culpable homicide.

Heard both sides and perused the case diary.

The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.

Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioners with the crime. However, the petitioners were remanded to judicial custody on 06.04.2022 and 07.04.2022 respectively. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioners is required for any purpose. The investigation is over and charge sheet has been filed. For all these reasons, the petitioners are entitled to be released on bail on conditions.

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

(i) The petitioners shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioners shall not commit any offence of like nature while on bail.

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

(iv) The petitioners shall not leave the State of Kerala without the permission of the trial Court.

(v) If the petitioner violates any of the conditions mentioned above, the Investigating Officer can approach the trial Court for cancellation of bail.