Gopakumar vs State Of Kerala

Ziyad Rahman A.A., J

The petitioners in these bail applications are the accused Nos.1 and 3, in Crime No.183 of 2023 of Sooranad Police Station. B.A.No.4574/2023 is submitted by the 1st accused and B.A.No.4722/2023 is submitted by the 3rd  accused.

The prosecution case is that, on 5.2.2023 at 7.00 p.m., the petitioners, along with the other accused, wrongfully restrained the de facto complainant while he was travelling in his car and assaulted him with deadly weapons, thereby causing injuries to him. The offences alleged are under Sections 294(b), 323, 324, 308, 427, 506(ii) r/w Section 34 of the Indian Penal Code. The 1st accused surrendered before the Investigation Officer on 27.5.2023, and the 3rd  accused surrendered on 5.6.2023. Since then, they have been in judicial custody. These applications for regular bail were submitted in such circumstances.

Heard Sri.B.Mohan Lal, learned counsel appearing for the petitioners and Sri.P.G.Manu, learned Public Prosecutor for the State.

The learned counsel for the petitioners submits that the petitioners are innocent of all the allegations. It is pointed out that the incident resulted from a pending civil dispute between the parties. Now, the petitioners have been in custody since 27.5.2023 and 5.6.2023, respectively and there is no purpose in continuing the incarceration of the petitioners any longer. The petitioners are ready and willing to cooperate with the investigation and shall abide by any conditions that may be imposed by this Court.

On the other hand, the learned Public Prosecutor opposed the applications by pointing out that there are serious allegations against the petitioners and the matter is under investigation.

I have gone through the records and heard the contentions raised by both sides. There are indeed allegations against the petitioners. But, the fact remains that the petitioners have been in custody since 27.5.2023 and 5.6.2023, respectively. No criminal antecedents of any of the petitioners were brought to my notice. No serious injuries were also sustained to anyone. In such circumstances, taking note of the period of detention that the petitioners have already undergone, I deem it appropriate to grant bail to the petitioners.

Accordingly, this application is allowed and the petitioners are directed to be released on bail, subject to the following conditions:

i) The petitioners shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

ii) The petitioners shall fully cooperate with the investigation.

iii) The petitioners shall appear before the Investigating Officer as and when required.

iv) The petitioners shall not commit any offence of similar nature while on bail.

v) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vi) The petitioners shall not leave India without the permission of the jurisdictional court.

vii) The petitioners shall surrender their passports before the Jurisdictional court, and, in case they do not have passports, affidavits to that effect shall be filed.

In  case  of  violation  of  any  of  the  above  conditions,  the jurisdictional Court shall be empowered to consider the application2023/KER/34242 for cancellation of bail, if any, and pass appropriate orders in accordance with the law.