Anison vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by accused Nos. 1 and 2 in Crime No.204/2023 of Kalady Police Station, Ernakulam under Section 439 of the Code of Criminal Procedure.

Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the report of the Investigating Officer along with the copy of wound certificates placed by the learned Public Prosecutor.

The prosecution case is that, at about 5.30 pm on 17.03.2023 when the Biennale program was going on at the college campus, the accused herein assaulted the defacto complainant and his friends, with intention to commit culpable homicide not amounting to murder. Though the defacto complainant and his friends sustained injuries, they survived. Accordingly, crime alleging commission of offences punishable under Sections 308, 326 and 324 r/w 34 of IPC was registered and is on investigation.

The learned counsel for the petitioners would submit that, the petitioners are innocent and the allegations are false. According to him, there is attack and counter attack between students of Kalady Sree Sankaracharya College. He would submit further that, Akhil Kunjumon and Arun Kunjumon who were arrayed as accused Nos. 3 and 4 in this crime, sustained very serious injuries at the hands of the injured in this crime and accordingly counter case vide crime No. 203 of 2023 alleging commission of offences punishable under Sections 143, 146, 147, 148, 149, 307 and 326 of IPC also was registered. Accused Nos. 3 and 4 in this crime sustained serious injuries and the learned counsel for the petitioners has placed clinical summery and discharge certificates issued from Little Flower Hospital and Research Centre, Angamaly, to substantiate the injuries pertaining to accused Nos. 3 and 4. The learned counsel for the petitioners submitted further that, the petitioners have been in custody from 18.03.2023 and the sixth semester examination of the 2nd accused/2nd petitioner is scheduled tomorrow (04.04.2023) and if he is released on bail he would be able to attend the examination without fail. He also submitted that the petitioners have no criminal antecedents. In consideration of the above, the learned counsel for the petitioners pursued regular bail to the petitioners.

Whereas it is submitted by the learned Public Prosecutor that, the prosecution allegations are very serious and in both crimes offence under Section 326 of IPC is alleged. Highlighting the premature stage of investigation, the learned Public Prosecutor opposed grant of regular bail to the petitioners.

On perusal of the copies of discharge records of Akhil Kunjumon and Arun Kunjumon who are arrayed as accused Nos. 3 and 4, Akhil Kunjumon sustained “tentorial subdural hemorrage on right side, undisplaced fracture of ramus of mandible on right side near neck, displaced fracture of alveolar process of right maxilla with dislodgement of adjacent teeth”. His CT chest is suggestive of lung contusion and he underwent inpatient treatment for a period of 17.03.2023 to 25.03.2023. The discharge record of Arun Kunjumon showed “minimally displaced chip fracture of superior margin of left zygomatic arch, minimally displaced fracture of left nasal bone” are also stated and he underwent inpatient treatment for a period of 17.03.2023 to 29.03.2023.

In this crime, the prosecution alleges commission of offences punishable under Sections 326 and 308 of IPC mainly on the ground that Yadu Krishna, the injured person suffered hearing disability and dislocation of scalp left side. But the said infirmities not fully established. In matters involving case and counter case, the truth of the allegations are matters of evidence to be adjudicated by the trial court after adducing evidence. However, the case records would go to show that in the counter case, two among the accused in this case sustained very serious injuries including fractures as noted herein above and the injuries are very serious as compared to that of the infirmities to the injured in this crime.

Going through the prosecution records, it appears that the investigation has achieved reasonable progress. Therefore, I am inclined to enlarge the petitioners on bail since further custody of the petitioners, who have been in custody from 18.03.2023, who have no criminal antecedents, for the purpose of investigation, is not necessary.

Therefore, this petition stands allowed. The petitioners are released on regular bail on conditions:

i. The petitioners shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial.

iii. The petitioners shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Saturdays between 9 am and 10 am, for a period of two months.

iv. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported, or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.