Anandan M vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.479/2023 of Pariyaram Medical College Police Station, Kannur Rural. The offences alleged against the petitioner are under Sections 341, 326 and 308 of the Indian Penal Code, 1860.

According to the prosecution, on 20.05.2023 at around 08.00 pm, the accused drove a scooter and hit on the defacto complainant, who was walking by the road and caused a fracture. The accused also hit him with a helmet and had he not evaded those attacks, would have been killed, and thereby committed the offences alleged.

I have heard Sri.M.M.Anto, learned Counsel for the petitioner as well as Smt.Neema T.V., learned Public Prosecutor.

A reading of the FIR reveals that the defacto complainant suffered a fracture on his ankle when he fell down, after being hit by the motor bike. The specific overt act alleged against the petitioner is that he assaulted the defacto complainant with a helmet thereafter. It was submitted that no serious injury was sustained in the attack with the helmet. However, due to the hit from the back with the vehicle, the defacto complainant sustained ankle fracture.

Even though the allegations and the injury are both serious, considering the circumstances surrounding the incident as well as the nature of overt act alleged against the petitioner, I am of the view that since the petitioner was arrested on 25.05.2023, further detention is not essential, especially since the investigation has proceeded substantially.

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.

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.