Dileep @ Mullan Dileep vs State Of Kerala

Mohammed Nias C.P, J.

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the sole accused in Crime No. 660/2023 of East Kallada Police Station, Kollam, for having committed offences punishable under Sections 294(b), 323, 324, 326, 341 & 308 of the IPC.

The allegation against the petitioner is that, due to animosity towards the defacto complainant, on 20.5.2023 at 11.30 A.M., in front of the Kallada Bar Hotel, the petitioner attacked the defacto complainant with a piece of stone and he sustained a fracture on his sixth vertebral column bone. The accused beat with hands on the face of the defacto complainant, and he fell down and, thereby, committed the offences mentioned above.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 20.5.2023, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and pointed out that the petitioner is not entitled to get bail.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the fact that the petitioner has been in custody since 20.5.2023 that the fight happened inside a Bar and also since there is no apprehension raised by the prosecution that if he is released on bail the petitioner is likely to abscond,  I  hold that  bail  can  be  granted  to  the  petitioner  despite

7 antecedents reported against the petitioner in the Kollam district. Accordingly, I am inclined to grant bail to the petitioner on strict conditions, and this application is allowed, subject to the following conditions:-

i. The petitioner shall be released on bail on 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 jurisdictional court;

ii. The petitioner shall not enter the Kollam district for a period of 6 months from today;

iii.The petitioner shall report before the Investigating Officer as and when required to do so.

iv.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

v. The petitioner shall not be involved in any other crime while on bail.

vi.The petitioner shall surrender his Passport before the jurisdictional court. If the petitioner does not have a Passport, he shall execute an affidavit to that effect and file the same before the said court within seven days from the date of his release on bail.

vii.The petitioner shall furnish his present address along with his mobile phone number to the court concerned as well as to the Investigating Officer.

If any of the conditions are violated, the jurisdictional court concerned shall be empowered to take steps for cancellation of bail, as per law.