Ebin Yohannan 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 1st accused in Crime No.1693/2023 of Chavara Police Station, Kollam District, for having allegedly committed offences punishable under Sections 341, 294(b), 323, 325, 506, 307 read with Section 34 of the Indian Penal Code.

The prosecution case is that on 09.10.2023 at about 8.00 p.m., Mr Febin complained against the accused herein to the Chavara Police for assaulting his grandfather, out of the said enmity, the petitioner herein attacked said Febin and threatened to kill him by restraining him from his motorbike from a public place namely AMC Junction and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 11/10/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and taking into account the fact that the charge under Section 307 is altered to Section 308 and that the petitioner has been in custody since 11/10/2023 and also since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail 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 report before the Investigating Officer as and when directed;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv) The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at the later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter;

(v) The petitioner shall not be involved in any other crime while on bail;

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