Ben Rossario vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.969/2022 of Sakthikulangara Police Station, Kollam District. The offences alleged against the petitioner are under Sections 294(b) and 307 of the Indian Penal Code, 1860. Subsequently, Section 326 of the IPC has also been added, during the course of investigation.

According to the prosecution, on 07.11.2022, the accused abused the defacto complainant and when the same was questioned by another person, the accused tried to escape from the spot after assaulting him and when the defacto complainant stood in front of his vehicle to prevent his escape, the accused with an intention to murder the defacto complainant abused her and drove the vehicle forward and caused grievous injuries to the defacto complainant by driving the vehicle over her legs and thereby committed the offences alleged.

Sri.S.Rajeev, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident did not occur as alleged. It was further submitted that a crime has been registered against the petitioner due to the influence exerted by the defacto complainant, she being a Councillor of the Kollam Corporation. It was further submitted that since the petitioner was arrested on 8.11.2022, further detention ought not to be permitted and that, he is willing to abide by any conditions.

Smt.M.K.Pushpalatha, learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and petitioner had attempted to murder the defacto complainant by running over her, after hitting her with the vehicle.

I have considered the rival contentions and have perused the statement of the defacto complainant.

Even though the allegations are serious, considering the period of detention already undergone, I am of the view that the petitioner can be released on bail

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

(a) Petitioner shall be released on bail on him executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.