Dijil vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under Section 439 of Code of Criminal Procedure.

Petitioner is the sole accused in Crime No.532 of 2022 of Kodakara Police Station, Thrissur. The offences alleged against the petitioner are punishable under Sections 452, 427, 323, 294(b) and 506 of the Indian Penal Code, 1860.

According to the prosecution, on 30.07.2022 at about 8.30 p.m., the petitioner trespassed into the house of the defacto complainant and assaulted her due to his previous animosity with the son-in-law of the de facto complainant and thereby committed the offences alleged.

Sri. Jithin Babu A, the learned counsel for the petitioner contented that the entire prosecution case is false and that the crime is registered as a counter blast to FIR in Crime No. 526/2022 wherein petitioner was assaulted by the son-in-law of the defacto complainant. It was further submitted that even going by the allegations in the FIR, no injury of any nature was seen inflicted on the defacto complainant.

Smt. M.K. Pushpalatha, the learned Public Prosecutor opposed the grant of bail and submitted that the petitioner has several criminal cases pending against him. The learned Public Prosecutor also submitted that there are 8 crimes registered against the petitioner and even proceedings under Section 107 of the Cr.P.C has already been initiated and that the release of the petitioner at this stage will prejudice the investigation and may result in intimidation of the witness.

On a perusal of the FIR in Crime No. 526/2022 of Kodakara police station as well as Crime No. 532/2022, I am of the view that the continued detention of the petitioner is not required especially since he was arrested on 31.07.2022.

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

(a) The 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) The petitioner shall co-operate with the trial of the case.

(c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) The petitioner shall not commit any similar offence while he is on bail.

(e) The petitioner shall not enter the jurisdictional limits of Kodakara Police Station, until completion of the trial.

(f) The petitioner shall not leave the state of Kerala or the country without the permission of the jurisdictional Court and shall surrender the passport, if any before the jurisdictional Court at the time of executing the bond.

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.