Devanarayanan @ Devan vs State Of Kerala

A. Badharudeen, J.

This is an application for regular bail filed by the 2nd accused in Crime No.134/2023 of Airoor Police Station, Thiruvananthapuram under Section 439 of the Code of Criminal Procedure, where he alleged to have committed offences punishable under Sections 294(b), 341, 323, 324, 308 r/w 34 of the Indian Penal Code.

Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the report of the Investigating Officer placed by the learned Public Prosecutor.

The prosecution case is that at about 22.300 hours, on 29.01.2023, while the defacto complainant was travellin.0g with his friend, the accused herein wrongfully restrained him at Maveli junction and attacked him with intention to commit culpable homicide. Although the defacto complainant sustained head injuries, he survived. Accordingly, prosecution alleges commission of the above offences.

It is submitted by the learned counsel for the petitioner that the petitioner has been in custody from 14.02.2023 and investigation requiring his custody is practically over. Therefore, he is liable to be enlarged on bail and the petitioner is ready to abide by any conditions.

Whereas the learned Public Prosecutor strongly opposed bail highlighting the premature stage of the investigation and also pointing out the involvement of the petitioner in 2 more crimes; vide Crime No.46/2020 alleging commission of offences under Section 379 r/w 34 of IPC and Crime No.302/2022 alleging commission of offences under Sections 341, 294(b), 323, 324, 308 r/w 34 of IPC of Ayiroor Police Station.

On scrutiny of the case diary, the allegation of the prosecution is that the petitioner herein, who is the 2nd accused in this crime, beat the defacto complainant by using iron rod and the same caused multiple injuries of varying size. The injuries are: lacerated wound 8X1x.5 on right occipital region of head and abrasion 4X3 cm on right side of chest laterally. Treatment by suturing is the observation to be discernible from the wound certificate. Thus it appears that the petitioner is the person, who assaulted the defacto complainant with intention to commit culpable homicide not amounting to murder. Further he is a person having criminal antecedents and one among the crimes is registered for offence punishable under Section 308 IPC during 2022.

The prosecution records would show the overt act at the instance of the petitioner by using iron rod. Thus the 6th accused caused serious injuries, to the defacto complainant, though he survived. In view of the matter, the apprehension of involvement of the petitioner in further crimes, as pointed out by the learned Public Prosecutor is having force. However, taking note of the progress of the investigation and custody of the petitioner from 14.02.2023 onwards, he can be enlarged on bail by imposing stringent conditions and one among the conditions is that the petitioner/accused shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.

Accordingly, the petition stands allowed and the petitioner can be released on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.