Harikrishnan vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, by the accused 1 and 3 in Crime No.996/2023 of Chalissery Police Station, Palakkad, registered against the accused (3 in number) for allegedly committing the offences punishable under Sections 341, 323, 324, 326 and 308 r/w. 34 of the Indian Penal Code. The petitioners were arrested on 11.12.2023.

The essence of the prosecution case is that: on 10.12.2023 at about 9.30 p.m, the accused due to their animosity towards the defacto complainant wrongfully restrained him and the first accused struck his face with a stone and caused a fracture on his nasal bone. After the defacto complainant fell down, the first accused hit him with a stone on his head and the accused 2 and 3 beat him on his back and legs with a wooden stick. The defacto complainant sustained serious injuries in the incident. Thus, the accused have committed the above offences.

Heard Sri.M. Devesh, learned counsel appearing for the petitioners and Sri.C.S.Hrithwik, the learned Public Prosecutor appearing for the respondent.

Learned counsel appearing for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. They have been falsely implicated in the crime. Non-bailable offences have been charged against the petitioners deliberately to deny them bail. The petitioners are the sole breadwinners of their family. They have been in judicial custody for the last 37 days. The investigation in the case is practically complete. Hence, the petitioners may be released on bail. They are willing to abide by any stringent condition that may be imposed by this Court. Hence, the application may be allowed.

The learned Public Prosecutor opposed the application. He handed over the accident register cum wound certificate of the defacto complainant to show that the defacto complainant sustained a fracture of his nasal bone. He also submitted that the investigation in the case is in progress. Nonetheless, he conceded to the fact that recovery has been effected and the petitioners have been in judicial custody for the last 37 days.

On an appreciation of the facts and the materials placed on record, particularly taking note of the fact that the petitioners have been in custody since the last 37 days, recovery has been effected and that the investigation in the case is at final stage, I am of the view that the petitioners' continued detention is unnecessary. Hence, I hold that the petitioners are entitled to be released on bail, but subject to stringent conditions.

In the result, the application is allowed, by directing the petitioners to be released on bail on their 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 court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioners shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is filed, whichever is earlier. They shall also appear before the Investigating Officer as and when required;

(ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioners shall not commit any offence while they are on bail;

(iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passport, they shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below;

(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].