Bibin vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 1st accused in Crime No.598 of 2022 of Nedumkandom Police Station registered for the offences punishable under Sections 294(b), 323, 324, 326, 307 r/w Section 34 of the Indian Penal Code, 1860.

The prosecution case is that, on 28.05.2022 at about 6 p.m. petitioner along with accused Nos.2 and 3, due to previous enmity with the injured, stopped the auto-rickshaw in which the injured was travelling and hit him with an iron rod causing serious injuries, thereby committing the offences alleged.

Sri.Thomas C. Abraham, the learned counsel for the petitioner, contended that petitioner is totally innocent and the crime has been falsely foisted against him and his parents. It was also pointed out that the injured in this case had been harassing his wife-petitioner's sister, and when that was questioned by him this crime has been registered.

Sri.Noushad K.A., the learned Public Prosecutor, vehemently opposed the grant of regular bail and submitted that the offences committed by the petitioner are grave in nature and hence, petitioner ought not to be released on bail.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(i)Petitioner shall be released on bail on his 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 court having jurisdiction.

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

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or his family members;

(iv) petitioner shall not commit any offence while he is on bail.

(v) 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.