Anson N.Vs State Of Kerala

Ziyad Rahman, A.A, J

This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The petitioners are the accused Nos. 1 and 2 in Crime No.165/2023 of Kodanadu Police Station which was registered for the offences punishable under Sections 341, 294(b), 506, 326, 307, 394, 397, 212 read with Section 34 of the Indian Penal Code.

The prosecution case is that, on 21.04.2023 at about 1.15 p.m., the petitioners along with the other accused attacked the de facto complainant. It was alleged that, the 2nd petitioner kicked on the stomach of the de facto complainant, the 1st petitioner beat her with an iron stick, and thereby causing injuries. The crime was registered in such circumstances and the petitioners were arrested on 25.04.2023. Since then, they have been under judicial detention. This application for bail is submitted by the petitioners in such circumstances.

Heard Sri. Francis Assisi, the learned counsel for the petitioners and Smt. Nima Jacob, the learned Public Prosecutor for the State.

Earlier, the petitioners approached this Court for regular bail and it culminated in Annexure A4 order, by which the application was dismissed taking note of the criminal antecedents of the petitioners.

Today, when the matter came up for consideration, the learned counsel for the petitioners submits that, among the cases referred to in Annexure A4 order, as regards the 1st petitioner, only two cases are pending consideration and all the other cases were either quashed or acquitted. Similarly, with regard to the 2nd petitioner, only one case is now pending and other cases resulted in acquittal. When going through the details of the pending cases, it is seen that, the offences alleged are not serious in nature. It is discernible from the records that the petitioners have been in custody since 25.04.2023 and the final report in this case is already submitted. The trial of the said case is likely to take some time. In such circumstances, I am satisfied that the petitioners can be released on bail with stringent conditions to ensure that they are not influencing or intimidating any other persons or witnesses.

Accordingly, this bail application is allowed and the petitioners are directed to be released on bail subject to following conditions:

(i) The petitioners shall be released on bail on executing bonds 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 Court.

(ii) The petitioners shall appear before the trial court as and when required.

(iii) The petitioners shall also appear before the investigating officer as and when required by him.

(iv) The petitioners shall not commit any offence of similar nature while on bail.

(v) The petitioners shall not make any 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.

(vii) The petitioners shall not enter into the Kollam District until further orders, except for the purpose of attending the court in compliance of the conditions imposed by this Court and also for attending the court in connection with matrimonial disputes.

(viii) The petitioners shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.