Biju C.K 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 sole accused in Crime No.493/2022 of Pettah Police Station, Thiruvananthapuram. The offences alleged against the petitioner are under Sections 452,509,294(b),506,323,324,326 and Section 34 of the Indian Penal Code, 1860.

According to the prosecution, petitioner and the husband of the defacto complainant were carrying on business as partners and in the meantime, due to a dispute, their business fell into troubled waters. Thereafter, the accused trespassed into the house of the defacto complainant on 19.06.2022 and assaulted her and inflicted serious injuries on the defacto complainant resulting in fracture of the vertebrae.

Sri.Ajith Kumar, learned Counsel for the petitioner submitted that the prosecution allegations are false and that the incident as alleged had never occurred. It was also pointed out that the allegations are raised on account of a business dispute and that injury was caused due to some other reason.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that though the petitioner was arrested on 23.06.2022, releasing the petitioner at this stage would cause prejudice to the investigation.

The allegations against the petitioner are serious in nature. However, taking note of the circumstances that the petitioner was arrested on 23.06.2022, I am of the view that the continued detention of the petitioner is not required. Therefore, the petitioner is entitled to 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 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.

(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 victim or her family members.

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

(e) 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.