Anilkumar A Alias Akku vs State Of Kerala

Dr. Kauser Edappagath, J

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

The applicants are the accused Nos. 1 and 2 in Crime No.1393/2023 of Thiruvalla Police Station. The offences alleged are punishable under Sections 307, 328, 120B, 341, 323, 324, 308 and 427 read with Section 34 of the Indian Penal Code.

The prosecution case, in short, is that on 12.10.2023 at 3.30 pm, near Pazhampilly Mammattikkavala, the applicants along with other accused wrongfully restrained the defacto complainant and assaulted him with an iron rod after sprinkling chilly powder on his eyes with intention to kill him and thereby committed the offences.

I have heard Sri. Sasith M.R., the learned counsel for the applicants and Sri. E.C. Bineesh, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

The applicants were remanded to judicial custody on 24/10/2023. Since then, they are in judicial custody. Accused No.2/applicant No.2 has strong criminal antecedents. He is involved in five other crimes. However, there is only one case against the accused No.1/applicant No.1, which is under Section 20(b)(ii)(A) of the NDPS Act. Considering the fact that the applicant No.1 is in custody for about sixty days, I am inclined to grant bail to him. However, considering the criminal antecedents of the applicant No.2, I am not inclined to grant bail to him at this stage. For all these reasons, I do not find any reason to hold that the continued detention of the applicant No.1 is required for any purpose. Hence, the applicant No.1 is entitled to be released on bail.

In the result, the application is allowed in part on the following conditions: -

(i) The applicant No.1 shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant No.1 shall fully co-operate with the investigation.

(iii) The applicant No.1 shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant No.1 shall not commit any offence of a like nature while on bail.

(v) The applicant No.1 shall not 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.

(vi) The applicant No.1 shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

The bail as against the applicant No.2 is rejected.