Balakrishnan Nair vs State Of Kerala

This is an application for regular bail.

Petitioner is the accused in Crime No.536/2021 of Malayalappuzha Police station, Pathanamthitta District, alleging commission of offences under Sections 447, 294(b), 323 and 308 of the Indian Penal Code.

The allegation against the petitioner is that on account of family disputes relating to partition of family property, the accused entered the property of the de facto complainant and alleging that the de facto complainant had destroyed a goat shed belonging to the accused, attempted to attack her, using a sword stick and when the de facto complainant attempted to block it, severe injury was caused to her. It is further alleged that the petitioner had manhandled the de facto complainant and her husband and her child has witnessed the entire incident.

Learned counsel appearing for the petitioner submits that actually the de facto complainant and members of her family had trespassed into the house of the petitioner and attacked the petitioner and his wife since they had questioned the act of the de facto complainant destroying their goat shed. It is submitted that the only non bailable offence alleged to have been committed is that under section 308 of the IPC and the same has been incorporated only to ensure that certain non-bailable offences are registered against the petitioner. It is also submitted that petitioner has been in custody since 20.09.2021.

Learned Public Prosecutor submits that the investigation into the matter is only progressing and that the release of the petitioner at this stage may hamper the investigation. It is also submitted that the petitioner should not be released on bail.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 20.09.2021, and also considering the fact that the entire dispute arose out of other disputes relating to partition of family property, I am of the opinion that the petitioner can be released on bail subject to strict conditions. The investigation of the matter does not require any custodial interrogation of the petitioner. Accordingly, this application for regular bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No..536/2021 of Malayalappuzha Police station on every Saturday at 11 am until further orders;

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.536/2021 of Malayalapuza police station;

(iv) 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 said court within seven days of release on bail;

(v) 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.536/2021 of Malayalapuzha police station may file an application before the jurisdictional court, for cancellation of bail.