Anil. G vs State Of Kerala

Bechu Kurian Thomas, J

These are applications for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.

Petitioners in BA No. 4808/2022 are accused Nos. 1 and 3 while petitioner in BA No. 4789/2022 is the accused No. 2 in Crime No. 1173 of 2022 of Thiruvalla Police Station, Pathanamthitta. The offences alleged against them are under Sections 452, 323, 366 and 354 read with Section 34 of the Indian Penal Code, 1860.

The prosecution alleges that on 14.06.2022 at about 5.00 p.m the accused trespassed into the house of the defacto complainant and assaulted him and his friend. When the defacto complainant and his friend ran away, the accused abducted the wives’ of the defacto complainant and those of his two friends and thereby committed the offences alleged.

Sri. Joseph Kodianthara, the learned Senior Counsel duly instructed by Sri. K.N. Radhakrishnan, the learned counsel for the petitioner in BA No. 4789/2022 and Sri. T.P. Pradeep, the learned counsel for the petitioners in BA No. 4808/2022 contented that, the petitioners are totally innocent of the allegations levelled against them and that, they have not committed any offence as alleged. It was further submitted that, the prosecution case is based upon assumptions and surmises and that there is absolutely no evidence to implicate the petitioners in the crime. It was also pointed out that, the petitioners were arrested on 14.06.2022 itself and that due to lapse of time, the continued detention of the petitioners are not required.

Sri. Noushad K.A, the learned Public  Prosecutor appearing in BA No. 4808/2022 and Smt. M.K. Pushpalatha, the learned Public Prosecutor appearing in BA No. 4789/2022 submitted that, the petitioners have committed a serious crime and releasing them on bail at this juncture would cause prejudice to the prosecution case, especially since two of the remaining accused are absconding. It was further submitted that, the victims are hapless persons belonging to another state and the petitioners could even threaten the witnesses. It was also further pointed out that, the 2nd petitioner in BA No. 4808/2022 has a criminal antecedent against him. On the above basis, it was submitted that, despite the arrest of the petitioners having taken place on 14.06.2022 petitioners ought not be released on bail.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioners with the crime. However, since petitioners were arrested on 14.06.2022 and remanded to judicial custody on 15.06.2022, I am of the view that the continued detention of the petitioners are not required in the circumstances of the case. Therefore, the petitioners are entitled to be released on bail.

In the result, these bail applications are allowed on the following conditions:-

(i) Petitioners shall be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(ii) Petitioners shall appear before the Investigating Officer as and when required;

(iii) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence or contact the victim or their family members;

(iv) Petitioners shall not commit any offence while they are on bail.

(v) Petitioners 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.