Aswin Biju vs State Of Kerala

Gopinath P, J

The petitioner is the 1st accused in Crime No.1579/2021 of Valiyathura Police Station alleging commission of offences under under Sections 427, 447, 294 (b), 506, 323, 308 and 34 of the Indian Penal Code.

The allegation against the petitioner is that he along with the other accused tresspassed into the house of the de facto complainant and attacked him using stones and used abusive language and fisted and kicked the de facto complainant, caused damage to the autorickshaw of the de facto complainant's uncle which was parked there and also attacked the wife of the de facto complainant and used abusive language against her.

The learned counsel for the petitioner submitted that the petitioner has been in custody from 12-10-2021 and has completed 59 days in custody. It is submitted that the petitioner is absolutely innocent in the matter and that the other accused in the case have already been granted bail by the Sessions Court, Thiruvananthapuram. He also submits that further detention of the petitioner is not necessary for the purpose of investigation into the matter.

The learned Public Prosecutor on instructions would submit petitioner is involved in two other cases including a case registered under the provisions of the POCSO Act. It is submitted that the case involving the provisions of POCSO Act, trial is almost completed and judgment is expected soon. It is submitted that the other accused in the case did not have any antecedents and this is the reason why they were released on bail by the Sessions Court.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner would be entitled to statutory bail on completion of 60 days in custody, I am of the view that the petitioner can be granted bail subject to strict conditions.

In the result, this 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 a sum of 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 in Crime No.1579/2021 of Valiyathura Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.1579/2021 of Valiyathura Police Station;

(iv) The petitioner shall not enter the local limits of the Valiyathura police station where the de facto complainant is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1579/2021 of Valiyathura Police Station may file an application before the jurisdictional Court for cancellation of bail.