Arun vs State Of Kerala

P.G. Ajithkumar, J

This Bail Application is filed under Section 439 of Criminal Procedure Code, 1973.

The petitioner, Sri. Arun, is accused No.8 in Crime No. 143 of 2023 of Cherpu Police Station. The above case is registered against the petitioner and others alleging offences punishable under Sections 143, 147, 148, 341, 342, 323, 324, 325, 326, 302, 212 and 120(B) read with Section 149 of the Indian Penal Code, 1860 (in short, ‘IPC’).

The prosecution case in brief is as follows:

On 18.02.2023, at 10.30 pm, accused persons, in prosecution of their common object, formed themselves into an unlawful assembly with sticks in their hand, wrongfully restrained the victim at Chirakkal Kottam near Thiruvanikkav temple and the first accused voluntarily caused hut by repeatedly beating the victim’s back side by using stick. The second accused kicked him on his stomach and leg. It is also alleged that the accused persons brutally attacked the victim by beating him with their hands and sticks and also by kicking him. In the said attack, the injured sustained grievous injuries on his backbone, ribs and internal organs and later he succumbed to the injuries. Hence, it is alleged that the accused committed the offence. The petitioner, who is accused No.8 was arrested on 17.03.203 and he was in custody from that date onwards.

Heard the counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner would submit that this Court as per order dated 05.05.2023 in Bail Application No.3447/2023 granted bail to the accused Nos.3 & 4 and in said circumstances, the petitioner, who is the 8th accused and no serious overt acts are alleged against him, he is entitled to get bail.

The learned Public Prosecutor would submit that, although the petitioner is arrayed as 8th accused only, he actively had participated in attacking and inflicting injuries to the deceased. In the view of the learned Public Prosecutor, grant of bail to accused Nos.3 and 4 is not a reason to grant bail to the petitioner. However, the learned Public Prosecutor would concede that the petitioner did not involve in any other criminal case of serious nature.

This Court considered the contentions of the petitioner and the Public Prosecutor. It is true that the allegations against the petitioner is serious and he was implicated with the aid of Section 149 IPC. But, even as per the prosecution case, the main overt acts are attributed to the first and second accused. The first and second accused used sticks to attack the deceased and admittedly, they beat only on the backside of the deceased. As per the postmortem report, the death was due to blunt injuries on abdomen. The alleged incident happened on 18.02.2023 and the death was on 07.03.2023. At this stage, no observation about the merit of the case is warranted. Considering the facts and circumstances of the case and also considering the fact the petitioner is in custody from 17.03.2023, I think the petitioner can be released on bail.

Considering the fact that accused Nos.3 & 4 are already granted bail and therefore, the circumstances adverted to above, the petitioner was arrested on 17.03.2023, he is entitled to be released on bail, subject to the following conditions.

(i) Petitioner shall be released on bail on 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 jurisdictional Court.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise 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.

(iii)Petitioner shall not leave India without permission of the jurisdictional Court.

(iv) Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(v) The petitioner shall not enter the jurisdiction limit of Cherpu Police Station for a period of two months. At the time of executing the bond, the petitioner shall furnish the residential address, where he is going to decide during the above period. The petitioner shall furnish the above details along with the phone number to the Investigating Officer also within seven days from the date of his release.

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.