Bibin Rajan vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioners who are arraigned as accused Nos.1 to 3 in Crime No.1650 of 2021 of Cherthala Police Station registered for the offences punishable under Sections 279, 333 and 353 r/w Section 34 of the Indian Penal Code and Section 132(1) r/w Section 179 of the Motor Vehicles Act, 1988, have moved this application for their release on bail.

The prosecution allegation is as follows :-

On 14.11.2021 the S.I of Police Cherthala Police Station was on official duty along with his team, while so they happened to see a vehicle passing through the road in a rash and negligent manner. They have given signal to stop the vehicle but they did not stop the vehicle. Later, the police could find the vehicle parked on the side of the highway. On seeing the vehicle, the police team stopped there and found the petitioners inside the vehicle. On suspicion, they started to inspect the vehicle. Then these petitioners have assaulted the S.I and caused fracture to his nasal bone. They have caused obstruction to them in discharging their official duties and thereby committed the aforesaid offences.

The petitioners have been in custody since 14.11.2021.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

The learned counsel for the petitioners would submit that on the relevant day, they have gone to attend a marriage at Cherthala and so they were in a hurry but the vehicle was in normal speed. They stopped the vehicle as directed by the police but they were brutally attacked by the Police. The second petitioner is attached to Defense Service and all other accused are his friends. The allegation that another accused was also in the team with them is absolutely false. Now the second petitioner has sustained very serious injuries as he was brutally manhandled by the Police. They are undergoing incarceration since 14.11.2021. It is also pointed out by the learned counsel for the petitioners that these petitioners have absolutely no criminal antecedents.

The learned Public Prosecutor has opposed the bail application contending that except the first accused all the other accused were having criminal antecedents. On investigation, it was revealed that the 4th accused, who was in the team is having very bad criminal antecedents as he is involved in 8 other cases. KAAPA proceedings were also initiated against the 4th accused, who is absconding. Now the investigation with respect to these petitioners is progressing

The defacto complainant who is the S.I of Police has sustained nasal bone fracture in the attack by these petitioners. But the records would reveal that these petitioners especially the second petitioner had sustained grievous injuries. Initially he along with the other accused were examined by a Doctor, that is immediately after their arrest. As per the report of the Doctor they were having smell of alcohol but they have not sustained any external injuries. Later the second petitioner was produced before the Medical College, Vandanam on the next day that is on 16.11.2021. As per the report, it is seen that he was referred to take C.T.Scan outside and as per the report he is having fracture to his vertebrae. Later on 24.11.2021 he was again produced before the Medical College and the Department of Radio Diagnosis have examined him and Annexrure-VIII is the report obtained from the Medical College. It shows that he had sustained fracture involving left transverse process of L1, L2, L3 vertebrae with STIR hyperintensities noted in the interspinous ligament. But it is further revealed that he has no neurological defects though he sustained fracture. The medical records indicate that the second petitioner has sustained serious injuries. According to the learned Public Prosecutor there was a scuffle between the Police personnel and these petitioners and the second petitioner accidentally fell down and sustained injuries. That is the matter to be probed into in detail. Anyhow though he sustained fracture he is not having any neurological defect.

Now the investigation of the case is well in progress except the fact that the 4th accused has not been apprehended. Considering the entire facts involved in this case, the period of detention undergone by these petitioners as well the fact that the second petitioner has sustained injuries and he is undergoing treatment before the Medical College, Alappuzha, I think that these petitioners can be released on bail subject to the following conditions :-

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

(ii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iii) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.