Anurag.M vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the ninth accused in Crime No.1254/2023 of Payangadi Police Station, Kannur District, alleging the accused(144 persons) in the above crime to have committed the offences punishable under Sections 143, 147, 148, 341, 323, 324, 307 read with Section 149 of the Indian Penal Code, 1860. The petitioner was arrested on 28.12.2023.

The prosecution case, in brief, is that: on 20.11.2023, at 17.30 hours, the accused Nos. 1 to 144 and another 20 unidentifiable persons, who were CPM, SFI, DYFI workers within the intention to commit the offence had formed an unlawful assembly with dangerous weapons and restrained one ‘Sudheeesh Vellachal’ with an intention to cause his death and they beat the person on his head with a helmet, plant plot and iron stick and he sustained serious injuries. Thus, the accused have committed the above offences.

Heard; Sri. M. Sasindran, the learned counsel appearing for the petitioner and Sri. M.P. Prasanth, the learned Public Prosecutor appearing for the respondent.

The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above crime. He is only 19 years of age. There is no specific overt act alleged against the petitioner. Moreover, by Annexure-AIV order dated 15.12.2023, this Court has already enlarged the accused Nos.1 to 3 and 6 on bail. As per the FIR, the petitioner not caused any injury to the victim. Therefore, the petitioner is also entitled to the benefit of a similar order. Moreover, the petitioner has to appear for his first year graduation examination on 09.01.2024. The petitioner is willing to abide by any stringent condition imposed by this Court. Hence, the bail application may be allowed.

The learned Public Prosecutor opposed the application. He contended that, even though this Court has observed in Annexure-AIV order, based on the wound certificate, that there is only an abrasion over the right forehead and the right mark on the injured, as per the treatment records, four persons have sustained serious injuries and one of them has suffered a haemorrhage. The investigation is still in progress. There is every likelihood of the petitioner tampering with the evidence and intimidating witness, if he is let off on bail. Hence, the application may be dismissed.

After considering the materials placed on record, particularly Annexure-AIV order passed by this Court releasing the accused Nos.1 to 3 & 6 on bail, that the investigation in the case is almost complete and further that the only allegation against the petitioner is that he kicked the de facto complainant, I am of the definite view that the  petitioner is also entitled to be enlarged on bail.

In  the  result,  the application  is  allowed,  by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m for a period of two months or till the final report is filed, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) The petitioner shall furnish his present address and permanent address, and his mobile phone number to the court below and the Investigating Officer;

(vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vii)Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(viii)Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663].