Davidson vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioners are the accused in Crime No.317/2022 of Kundara Police Station, Kollam District, alleging commission of offences under Sections 323, 324, 326, 294(b), 354, 354B, 452 & 308 r/w. Section 34 of the Indian Penal Code.

The allegation against the petitioners is that due to enemity arising out of the alleged obstruction of the vehicle belonging to the 1st accused by the father of the de facto complainant, the petitioners trespassed into the house of the de facto complainant at about 1.30 a.m., on 23.2.2022 and attacked the father of the de facto complainant with a steel rod. It is alleged that the mother of the de facto complainant, who came out the house, was also attacked, kicked and pushed down. It is also alleged that the de facto complainant was also attacked by the 2nd accused in the case with a stick aiming at his head and but for the fact that the attack was evaded, the de facto complainant would have died owing to the attack.

The learned counsel for the petitioners would submit that the incident is not as suggested by the prosecution. It is submitted that, actually, the petitioners were attacked by the de facto complainant and others at about 9.30 p.m., on 22.2.2022. It is submitted that the petitioners were immediately admitted to the District Hospital, Kollam and it is unbelievable that they would have committed the offence alleged against them at 1.30 a.m., on 23.2.2022. It is submitted that the petitioners have been custody from 24.2.2022. It is submitted that at the instance of the petitioners, Crime No.320/2022 has been registered against the de facto complainant and others before the Kundara Police Station and the de facto complainant and others have been released on bail in that case. It is submitted that the continued detention of the petitioners is not necessary for the purposes of any investigation.

Heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the entire case put forth by the petitioners is absolutely false. It is submitted that though the petitioners also suffered certain injuries that was not on account of any attack by the de facto complainant and others on the previous day (22.2.2022) as suggested by the learned counsel for the petitioners. It is submitted that the records from the District Hospital, Kollam suggest that the petitioners were injured at 1.30 a.m., on 23.2.2022 and not at 9.30 p.m., on 22.2.2022 as is now suggested by the learned counsel for the petitioners. It is submitted that the petitioners are not entitled to bail at present.

Having regard to the facts and circumstances of the case and considering the nature of the allegations and also considering the fact that the petitioners have been in custody for 34 days, having been arrested on 24.2.2022, I am of the opinion that the petitioners can be granted bail subject to conditions as it is evident that their continued detention may not be necessary for the purposes of any investigation.

In the result, the bail application is allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No. 317/2022 of Kundara Police Station whenever called upon to do so;

(iii) The  petitioners  shall  not  attempt  to  contact  the  de  facto complainant or interfere with the investigation or to influence any witness in Crime No.317/2022 of Kundara Police Station;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 317/2022 of Kundara Police Station may file an application before the jurisdictional Court for cancellation of bail.