Anand Mathew vs State Of Kerala

Shircy V, J

Apprehending arrest in connection with Crime No.978 of 2021 of Ernakulam South Police Station registered for the offences punishable under Sections 269, 326 and 308 of the Indian Penal Code, the petitioner has filed this application.

The prosecution case is that on 21.08.2021 at about 9 pm, the petitioner has dumped waste in a public place at Elamkulam Village. The said illegal act was objected by defacto complainant. Thereafter, while the defacto complainant was proceeding in his scooter, this petitioner in his car bearing No.KL-07-CM-7889 chased him and intentionally hit on the scooter. As a result, he fell down and sustained injuries. The intention of the petitioner was to cause his death. Somehow or other the defacto complainant deviated his scooter to the side of the road and thus he could save is life, otherwise death would have been caused to him. Thereby, this petitioner has committed the aforesaid offences.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

According to the learned counsel for the petitioner the defacto complainant has not sustained any serious injuries as alleged by the prosecution. In fact, he sustained injuries only abrasions and contusions on his right leg and that was only because he fell down from his scooter, while he was riding the same on an exorbitant speed.

The learned Public Prosecutor has also submitted that the defacto complainant has not sustained any fracture as alleged by him. In fact, he also sustained only minor injuries. Now the investigation of the case is well in progress. It is further submitted that now section 326 of the IPC has been deleted and Section 324 of the IPC has been added, as the defacto complainant has not sustained any fracture in the alleged incident.

On going through the records available before me, it is seen that the defacto complainant has sustained only minor injuries. Now the investigation of the case is well in progress, but sufficient materials are not there to infer that custodial interrogation of this petitioner is inevitable in this case.

Considering the nature of accusation levelled against this petitioner as well the facts and circumstances involved in this case, I think that this application can be disposed of directing him to surrender before the investigating officer on 27.09.2021 at 11 a.m. Upon his surrender, after recording his arrest and interrogation, he shall be released on bail on the same day subject to the following conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the investigating officer

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii)He shall co-operate with the investigation and trial of the case.

(iv) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) He shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate/Judge is empowered to cancel the bail in accordance with the law.