Anu @ Ranchi vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by the 10th accused in crime No.272/2023 of Kundara police station, Kollam.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

I have perused the relevant documents form part of the case diary placed by the learned Public Prosecutor.

The prosecution case is that at about 21 hours on 11.02.2023, while the defacto complainant was dancing in front of the plot decorated for the festival of 'Chirayil Madankavu temple', accused Nos.1 and 2 assaulted the defacto complainant. Thereafter, other accused, also being members of an unlawful assembly, with common object, assaulted the defacto complainant with intention to commit culpable homicide not amounting to murder. Accordingly, the prosecution alleges commission of offences punishable under Sections 143, 147, 323, 341, 324, 308 and 149 of IPC. Subsequently, Section 326 of IPC also was added.

The learned counsel for the petitioner would submit that the petitioner is innocent and he has been in custody from 16.03.2023. It is also submitted that the petitioner has no criminal antecedents. It is submitted further that this is an occurrence in connection with a temple festival and there is no intention, as alleged by the prosecution, to commit culpable homicide.

The learned Public Prosecutor opposed bail, highlighting the premature stage of investigation and on the submission that the prosecution case is well made out, prima facie and the petitioner, who is one among the members of the unlawful assembly, could not wriggle out from legal consequences, where three persons sustained serious injuries.

On perusal of the available records, the prosecution case is well made out, prima facie and three persons sustained injuries, as could be read out from the copies of wound certificates.

Having noticed the way in which the occurrence emerged and the stature of the petitioner as a first time offender, I am inclined to release the petitioner on regular bail, taking note of the progress of investigation and custody of the petitioner from 16.03.2023.

In the result, this bail application stands allowed. The petitioner is enlarged on regular bail on conditions:

i. The petitioner 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 petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of one month.

iv. The petitioner 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 petitioner shall not involve or indulge 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.