Basil Benny vs State Of Kerala

Mohammed Nias C.P.J

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

The petitioner is the accused in Crime No. 483/2023 of Pothanicadu Police Station and on the file of the Judicial First Class Magistrate Court-II, Kothamangalam, for having allegedly committed offences punishable under Sections 436 and 450 of the Indian Penal Code.

The prosecution case is that the accused and the daughter of the defacto complainant were in love, and the defacto complainant was not happy about their relationship. The present case is that on 11.09.2023, somebody set fire to the defacto complainant's house, and the accused was arrested and remanded on the basis of the FI Statement given by the defacto complainant.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody since 12/09/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions and taking into account the fact that the petitioner's name was not mentioned either in the FIS or in the remand report and also going through the accusations made against the petitioner, who was allegedly the lover of the defacto complainant's daughter, and that the petitioner has been in custody since 12/09/2023, that no apprehension is raised that the petitioner is likely to abscond if granted bail, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following 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 sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when directed.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while on bail.

If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.