Arun vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 2nd accused in Crime No.628/2022 of Pozhiyooor Police Station. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 452, 294(b), 323, 324, 354A, 308, 506 and section 427 of the Indian Penal Code, 1860.

According to the prosecution, on 26.04.2022, due to previous enmity with the defacto complainant’s friend, petitioner and other accused, trespassed into the house of one Nizam and abused him and when the defacto complainant and the said Nizam tried to escape, accused 2 and 3 along with the 1st accused attacked the defacto complainant with an iron rod on his leg, while accused 3 and 4 kicked on the chest and abdomen of the defacto complainant and the 4th accused outraged the modesty of the sister of the aforementioned Nizam and all the accused together caused mischief and thereby committed the offences alleged against them

Sri.Gopan, learned Counsel for the petitioner submitted that the entire prosecution case is false and that the allegations are levelled against him on account of a political rivalry. It was further submitted that petitioner was arrested on 27.06.2022 and that the continued detention of the petitioner is not warranted.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that there are two criminal antecedents against the petitioner as Crime No.134/2022 and Crime No.1256/2018 both of Pozhiyoor Police Station. It was further submitted that MC No.131/2022 has also been filed by the State before the Sub Divisional Magistrate, Thiruvananthapuram, under Section 107 of the Cr.P.C and that they have already applied for cancellation of bail granted to the petitioner in Crime No.134/2022. It was submitted that if the petitioner is released on bail, there is every chance for him to abscond and even influence the witness

Having regard to the detention of the petitioner from 27.06.2022, and also considering the fact that the 3rd accused has already been released on bail, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

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

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(iv) Petitioner shall not commit any similar offences while he is on bail.

(v) Petitioner shall not leave the country without getting perssion from 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 the law, notwithstanding the bail having been granted by this Court.