Anandu vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner is the accused in Crime No.0195/2023 of Nooranadu Police Station which was registered for the offences punishable under Sections 294(b), 324, 323 and 307 of Indian Penal Code.

The prosecution case is that, on 26.02.2023 at 7.00 p.m. the petitioner assaulted the defacto complainant, with an iron rod thereby causing serious injuries on his forehead. The crime was registered in such circumstances and as part of investigation of the said case the petitioner was arrested on 27.02.2023. Since then, he has been under judicial detention. This bail application is submitted seeking regular bail.

Heard Sri.Alex K. John, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Public Prosecutor for the State.

The leaned counsel for the petitioner submits that the petitioner was falsely implicated in the said case. It is further pointed out that, now the matter has been settled between the parties and Annexure A3 affidavit sworn by the defacto complainant was also relied on to substantiate the same.

On the other hand, the learned Public Prosecutor would oppose the aforesaid application by pointing out that, there are serious allegations against the petitioner. Besides the same, the petitioner is also involved in several other criminal cases and proceedings under the provisions of KAAPA were also initiated. However, the contention of the learned counsel for the petitioner that matter is settled and it is confirmed by the learned Public Prosecutor.

I have gone through the records and heard the contentions raised by both sides. It is true that there are serious allegations against the petitioner and the petitioner is also having criminal antecedents. But, the fact remains that the matter is reportedly settled between the parties and as per Annexure A3 affidavit sworn by defacto complainant he had clearly stated that he does not have any grievance against the petitioner. Moreover, the petitioner is in custody since 27.02.2023. In such circumstances, the continued incarceration of the petitioner appears to be not necessary.

In the result, this application is allowed and the petitioner is directed to be released on bail subject to the following conditions:

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

2) The petitioner shall fully co-operate with the investigation.

3) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

4) The petitioner shall appear before the Investigating Officer as and when required.

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

6) 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.

7) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional court.

8) The petitioner shall surrender his passport before the Jurisdictional court and, in case he does not have a passport, an affidavit to that effect shall be 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 the law.