Atheesh vs State Of Kerala

Ziyad Rahman A.A., J

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

The petitioner is the 2nd accused in Crime No. 642/2023 of Anthikkad Police Station. The offences alleged against the petitioner are punishable under Sections 341, 324, 294(b), 506, 308 read with Section 34 of Indian Penal Code.

The prosecution case is that, on 28.05.2023, at about 16.30 hours, the 1st and 2nd accused, in furtherance of their common intention, wrongfully restrained the defacto complainant, threatened, abused and pelted stones at him, thereby causing head injury to the defactco complainant. The crime was registered in such circumstances and as part of the investigation, the petitioner was arrested on 29.05.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard, Sri.Sarath Babu Kottakkal, the learned counsel appearing for the petitioner and Sri.C.S Hrithwik, the learned Public Prosecutor, appearing for the State.

The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations and he was falsely implicated in the said case.

On the other hand, the learned Public Prosecutor opposes the said application by pointing out that, there are specific allegations against the petitioner and he is involved in four other cases. The details of the cases are as follows:

“1.Crime No. 12/2020 of Anthikad Police Station for the offences punishable U/s 143, 147, 148, 447, 324, 308, 427 r/w 149 IPC and 4 r/w 3 of The Kerala Prevention to Private Property and Payment of Compensation Act.

Crime No. 13/2020 of Anthikad Police Station for the offences punishable U/s 143, 147, 447, 427 r/w 149 IPC and 4 r/w 3 of The Kerala Prevention to Private Property and Payment of Compensation Act.

Crime No. 640/2023 of Anthikad Police Station for the offences punishable U/s 27(b) of NDPS Act.

Crime No. 643/2023 of Anthikad Police Station for the offences punishable U/s 447 of IPC and Section 27 of Arms Act.”

Dismissal of the application was sought in such circumstances.

I have gone through the records. It is true that, there are specific allegations against the petitioner and he is also involved in the four other cases as well. However, it is a fact that, the petitioner has been under judicial detention since 29.05.2023 and more than two months have elapsed since the date of his arrest. There is substantial progress in the investigation. Therefore, I am of the view that, further incarceration of the petitioner is not necessary.

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

i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

ii) The petitioner shall fully cooperate with the investigation.

iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.

iv) The petitioner shall also appear before the Investigating Officer as and when required.

v) The petitioner shall not commit any offence of similar nature while on bail.

vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vii) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Magistrate/Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with law.