Arun vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by the 2nd accused in Crime No.586/2023 of Ezhukone Police Station, Kollam under Section 439 of the Code of Criminal Procedure.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor.

The prosecution case in nutshell is that, at 05.34 p.m. on 05.04.2023, accused Nos. 1 to 4 after sharing common intention rammed the motor cycle belonged to the defacto complainant by a Swift car with a concealed number plate with intention to commit murder of the defacto complainant. Even though, the defacto complainant sustained minor injuries, he survived. This is the base on which prosecution alleges commission of offences punishable under Sections 324 and 307 r/w 34 of IPC.

The learned counsel for the petitioner would submit that, the allegations are false and the occurrence itself is baseless. He also would submit that, as per the prosecution records, the name of the 2nd accused is also not properly stated. It is pointed out that the petitioner was arrested on 10.04.2023 and has been in custody thereafter. Further, it is submitted that the petitioner has no criminal antecedents and investigation has achieved much progress, while pressing for grant of regular bail to the petitioner.

While opposing grant of bail to the petitioner, the learned Public Prosecutor submitted that, the intention to do away the defacto complainant is foreseable from the very inception since the accused herein used a Swift car with concealed number plate to suppress their identity after committing the offences. The learned Public Prosecutor highlighted the seriousness of the offences and primitive stage of investigation to oppose grant of bail.

On perusal of the available records, the allegations of the prosecution as to attack against the defacto complainant by using a Swift car with concealed number plate, while he was traveling on his motor cycle is established prima facie. However, it appears that in the wound certificate no serious injuries noted and the injury is confined to “oedema over right leg”. Since the petitioner has no criminal antecedents, who has been in custody from 10.04.2023, where the records available would show substantive improvement in the investigation, I am inclined to enlarge the petitioner on bail since further custody of the petitioner, for the purpose of investigation, is not necessary.

Therefore, this petition stands allowed. The petitioner is released on regular bail on conditions:

i. The 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 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 two months.

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 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 alone shall be a reason to cancel the bail hereby granted.