Anil Kumar 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 2nd accused in Crime No.768/2022 of Nooranad Police Station, Alappuzha, alleging offences punishable under Sections 294(b), 447, 323, 341, 324, 326, 354 and 308 r/w Section 34 of the Indian Penal Code 1860.

According to the prosecution, the accused in furtherance of thier common intention and due to their enmity towards the defacto complainant for having questioned certain actions of the 3rd accused, attacked the defacto complainant and his wife on 09.10.2022, after trespassing into their courtyard. It is also alleged that the 3rd accused shouted obscene words and assaulted the defacto complainant as well as his wife on their heads and caused fracture of the nasal bone of the defacto complainant, while the 2nd accused caught hold of the defacto complainant and his wife to enable the remaining accused to commit assault on them and thereby,the accused together committed the offences alleged.

Shri.Rasheed.C.Nooranad, the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred. He also submitted that petitioner has been roped in as an accused with ulterior purposes and the delay in registering the FIR itself clearly indicates the possibility of embellishment in the prosecution allegations. It was further submitted that petitioner was arrested on 22.10.2022 and has been in custody since then.

Sri.Noushad.K.A, the learned Public Prosecutor, opposed the grant of bail and contended that the allegations are serious and the wound certificate shows the existence of fracture on the nasal bone.

I have considered the rival contentions and also perused the statement of the defacto complainant. Even though the incident is alleged have occurred on 09.10.2022, the FIR was registered only on 22.10.22 and the petitioner was arrested on 23.10.2022.

Having regard to the aforesaid circumstances as well as the nature of overt-acts alleged against the petitioner, I am of the view that this application for bail can be allowed subject to 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 or contact the defacto complainant or his family members.

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.