Arun G Raj vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the 2nd accused in Crime No.579 of 2022 of the Aruvikkara Police Station,Thiruvananthapuram District registered alleging commission of offences punishable under Sections 294(b), 302, 307, 324 and 326 read with Section 34 of the Indian Penal Code.

The prosecution allegation against the petitioner is that the petitioner along with 1st accused trespassed into a lodge where the victims including the deceased were staying on 01.06.2022 at about 8.30 p.m. and allegedly assaulted the deceased and his friend by using a hammer on the head and spine, which resulted in sustaining serious injuries to the deceased and his friend and subsequent to the death of the victim on account of the seriousness of the injuries sustained due to the alleged assault by the petitioner along with 1st accused, initially the crime was registered alleging commission of offences punishable under Sections 294(b), 324, 326 and 307 lPC. Thereafter Section 302 IPC is also added.

Petitioner submits that he is in custody from 03.06.2022 onwards and that he has been falsely implicated in the abovesaid crime. It is submitted that the petitioner is innocent of the prosecution allegations. As a matter of fact, the petitioner and the 1st accused had gone to the lodge where the deceased and his friend were staying for discussing some business plans. During the course of discussion, dispute arose between them, which led to an altercation and assault between parties. The accused including the petitioner sustained injuries. But no crime was registered by the police against the deceased and the other victim. There is no pre-mediation or planning to commit any crime. Petitioner further submits that the investigation is over and charge sheet is already laid and therefore his further detention is not required for the purpose of investigation and further that he has no other criminal antecedents.

Heard the learned Public Prosecutor who opposed the application for bail mainly contending that the case is that on 01.06.2022 at about 8.30 p.m. the accused persons somehow persuaded and took Vishnuroop @ Manichan and his friend Harikumar at Aaramam Lodge at Karakulam, where Harikumar is residing and thereafter at about 9.15 p.m. attacked them using hammer and caused serious injuries to both of them. It is alleged that the accused hit Vishnuroop and his friend Harikumar on various parts of their body, including their head and spine which resulted in both of them sustaining serious injuries and Vishnuroop succumbed to those injuries. Learned Public Prosecutor upon instruction further submitted that the investigation is over and charge sheet is already laid in the case and that the petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and also taking into consideration the fact that petitioner is in custody from 03.06.2022 onwards and also taking into consideration the fact that charge sheet is already laid in this case and that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:

(i) The petitioner shall execute 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) He shall appear before the investigating officer in Crime No.579 of 2022 of the Aruvikkara Police Station,Thiruvananthapuram District on all Saturdays at 11.00 a.m. till the completion of trial.

(iii) He shall not enter the jurisdiction limit of the Aruvikkara Police Station,Thiruvananthapuram District for a period of two months except for complying with condition No.(ii) or to attend any court proceedings.

(iv) He shall not leave the State of Kerala without getting prior permission from the jurisdictional court.

(v) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(vi) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.579 of 2022 of the Aruvikkara Police Station,Thiruvananthapuram District may file an application before the jurisdictional court, for cancellation of bail.