Faizal Joseph vs State Of Kerala

Gopinath P, J

These are applications for regular bail.

The petitioner in BA No. 158 of 2022 is the 1st accused, the petitioner in BA No. 566 of 2022 is the 2nd accused, the petitioner in BA No. 1058 of 2022 is the 3rd accused and the petitioner in BA No. 1022 of 2022 is the 4th accused in Crime No. 1422 of 2021 of Ernakulam South Police Station, Ernakulam District, alleging commission of offences under Sections 341, 323, 324, 326, 365, 506 & 307 r/w Section 34 of the Indian Penal Code and Section 67 of the IT Act.

The allegation against the petitioners is that on 11.11.2021, when the de facto complainant had come to Chilavannur to attend a post-cremation ceremony of his friend's mother, owing to previous animosity, the 1st accused along with other accused kidnapped the de facto complainant and took him to a place near the house of the 1st accused at Angamaly and brutally assaulted him resulting in fracture of his ribs and also his backbone. It is alleged that the accused persons also used pepper spray on the de facto complainant, took photos of the de facto complainant after removing his cloths and threatened to publish the same on social media.

The petitioners in BA Nos. 158 and 566 of 2022 have been in custody for 100 days while the petitioners in BA Nos. 1058 and 1022 of 2022 have been in custody for 115 days each.

The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that Crime No. 1422 of 2021 was actually a counter blast to a crime registered against the de facto complainant at the instance of accused No.1 as Crime No.1487 of 2021 of Angamaly Police Station, which was registered on 12.11.20221. It is further submitted that Crime No. 1422 of 2021 was registered only on 16.11.2021. It is submitted that a final report has already been filed in the matter and that the continued detention of the petitioners is not absolutely necessary.

The learned Public Prosecutor vehemently opposes grant of bail. It is submitted that all the petitioners except the 2nd accused have criminal antecedents. It is further submitted that the 1st accused is a known gunda and there are several cases registered against him. It is further submitted that the petitioners are accused of serious offences and that they are not entitled to bail at present. It is also submitted that if the petitioners are released on bail, there is every chance of repeating similar offences and a flare is likely to occur between the petitioners and the de facto complainant.

Having regard to the facts and circumstances of the case and taking into account of the nature of allegations against the petitioners, I am of the view that the petitioners can be granted bail considering the fact that they have been in custody for a long time. Since the final report has already been filed in the matter, the continued detention of the petitioners is not necessary for the purpose of any investigation. The apprehension expressed by the learned Public Prosecutor that there is likelihood to repeating similar offences in future can be taken care of by imposing appropriate conditions.

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

(a) The 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;

(b)Petitioners shall appear before the investigating officer in Crime No. 1422 of 2021 of Ernakulam South Police Station, Ernakulam District, every Saturday at 11.00 am until further orders;

(c) The petitioners shall not enter the local limits of Palarivattom Police Station, within whose limits the de facto complainant is stated to be residing, until further orders;

(d)The petitioners shall not attempt to influence or intimidate the de facto complainant or any witness in Crime No. 1422 of 2021 of Ernakulam South Police Station, Ernakulam District;

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

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 1422 of 2021 of Ernakulam South Police Station, Ernakulam District, may file an application before the jurisdictional court for cancellation of bail.