Fredin Babu Albert vs State Of Kerala

Mohammed Nias C.P.J

Bail application No.8108/2023 is filed under Section 439 of the Cr.P.C. by the petitioners, who are accused Nos.1 and 2 in crime No.2212/2023 of Ernakulam North police station, Ernakulam, for having committed the offences under Sections 448, 506, 324, 307 read with 34 of the IPC. BA No.8736/2023 is filed by the petitioner, the 4th accused in the above said crime, registered for the same offences, seeking pre-arrest bail.

The prosecution allegation is that, on 10.9.2023 at about 8.20 p.m., the petitioners trespassed into the courtyard of the de facto complainant’s house and attacked him with an iron rod and a helmet and thereby committed the aforesaid offences.

The learned counsel for the petitioners submitted that the petitioners in BA 8108/2023 were arrested on 13-9-2023 and have been remanded to judicial custody since then. The learned counsel further submitted that all the petitioners are innocent of the allegations and have not committed the offences as alleged.

The learned Public Prosecutor opposed the applications.

Taking into account the allegations, the offence involved and the injuries sustained, I am not inclined to grant anticipatory bail to the petitioner (A4) in BA No.8736/2023. Though the learned counsel for the petitioner submits that a very minimum role is attributed against him in the offence, the grant of anticipatory bail, in this case, can affect a proper investigation. Therefore, the request for a grant of anticipatory bail is rejected and BA No.8736/2023 stands dismissed with the following directions:-

In the event the petitioner/4th accused surrenders before the Investigating Officer in two weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.

In B.A. No.8108/2023, considering the fact that the petitioners also got injured in the incident, there are criminal antecedents against the de facto complainant and that the petitioners have been detained since 13-9-2023, I am inclined to grant bail to the petitioners, subject to the following conditions:-

i. The petitioners shall be released on bail on executing separate bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

ii. They shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months or till the filing of the chargesheet whichever is earlier.

iii.They shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;

iv. They shall not commit any offence while on bail;

v. They shall not leave the State of Kerala without the permission of the Court having jurisdiction;

vi.They shall not leave India without the permission of the jurisdictional Court and, if they have passports, shall deposit the same before the Trial Court within a week. If the release of the passports is required at a later period, the petitioners shall be at liberty to move appropriate applications for the same before the Court having jurisdiction. If they have no passports, they shall file affidavits to that effect before the court concerned, on the date of execution of the bond or within three days thereafter.

vii. They shall furnish their present address along with their mobile phone numbers to the Court concerned as well as to the investigating officer.

viii.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.

In the result, B.A. No.8108/2023 is allowed and B.A.No.8736/2023 is dismissed.