Arun vs State Of Kerala

Bechu Kurian Thomas, J

These are applications for regular bail filed under Section 439 of the code of Criminal Procedure, 1973.

Petitioners in Bail Application No.4218/2023 are accused Nos. 1,3,4,6 while the petitioner in Bail Application 4214/2023 is accused No.5 in Crime No.403/2023 of Viyyur Police Station, Thrissur. ( The petitioner in bail application No.4214/2023 is wrongly mentioned as accused No.4, while in bail application No. 4218/2023 the fourth petitioner is wrongly shown as accused No.5 ). They are alleged to have committed offences punishable under Sections 143, 147, 148, 448, 452, 308, 294(b), 506(ii) and 427 read with Section 149 of the Indian Penal Code, 1860.

According to the prosecution, on 13.5.2023, the accused had in furtherance of their common intention, formed themselves into an unlawful assembly and armed with deadly weapons, trespassed into the house of the defacto complainant threatening to kill him and his children and broke the window glass and attempted to attack him and tried to inflict injuries and attempted to commit culpable homicide.

Sri. Vishnuprasad Nair, the learned counsel appearing for the petitioners contended that the offences alleged against the petitioners are false and an incident of such a nature did not occur. It was also alleged that no injuries had even been inflicted upon the defacto complainant which really brings out the falsity of the prosecution allegations. It was further submitted that all the petitioners were arrested on 15.5.2023 and that they have been in custody since then.

Sri. C.N. Prabhakaran, learned Public Prosecutor opposed the application that allegations submitted that the allegations are serious and that if the petitioners are released on bail it will cause prejudice to the investigation.

On a perusal of the nature of allegations of the prosecution, I notice that no injuries are seen to be inflicted upon the defacto complainant and wound certificate is also not available. Taking into reckoning the circumstances of the case, as well as the period of detention already undergone by the petitioners from 15.5.2023, I am satisfied that this is a fit case where the further detention ought not be permitted.

Accordingly I allow these two bail applications on the following conditions:

a) The petitioners shall be released on bail on them executing a bond of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

b) Petitioners shall co-operate with the trial of the case.

c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall them attempt to tamper with the evidence.

d) Petitioners shall not commit any similar offences while they are on bail.

e) Petitioners shall not leave the country without the permission of the jurisdictional court.

In case of violation of any of the above conditions, the jurisdictional court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this court.