Ananthu vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 4th accused in Crime No.459/2023 of Anchalumoodu Police Station, Kollam District, alleging offences punishable under Sections 294(b), 323, 324, 452, 427, and 307 r/w Section 34 of the Indian Penal Code, 1860

According to the prosecution, on 07.05.2023 at about 10.45 p.m., the accused along with other accused persons, had in furtherance of their common intention, trespassed into the house of the defacto complainant and hacked him with a sword and thereby attempted to commit murder and also assaulted the mother of the defacto complainant and destroyed the window panes and glasses and thereby committed the offences alleged.

Sri.V.I.Rahul, the learned counsel for the petitioner submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was submitted that petitioner was arrested on 09.05.2023 and has been in custody since then.

Smt.T.V.Neema, the learned Public Prosecutor, opposed the grant of bail and submitted that the allegations against the petitioner are serious in nature.

The specific overt act of hacking the defacto complainant is alleged against the 2nd accused. The petitioner herein is the 4th accused, and he is alleged to have destroyed the window panes and glasses along with the other accused.

Having regard to the nature of allegation and the period of detention already undergone from 09.05.2023, I am of the view that further detention of the petitioner is not necessary, especially since, the investigation has advanced substantially. Therefore, petitioner is entitled to be released on bail.

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.