Jafar C vs State Of Kerala

Mohammed Nias C.P., J

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

The petitioners are accused in Crime No.402 of 2023 of Sreekrishanpuram Police Station, Palakkad District, for having committed offences punishable under Sections 447, 341, 323, 324 and 326 r/w Section 34 of the Indian Penal Code.

The allegation against the petitioners is that, on 05.08.2023 at 19.30 hrs, the accused, along with co-accused, committed trespass into the house compound of one Anoop, son of Venugopalan, at a place called Kadampazhipuram with an intent to commit offence due to prior animosity, wrongfully restrained Anoop and assaulted him by hand and also hit him with the ring on the finger of the first accused. In the incident, Anoop suffered grievous hurt, a fracture on his mandible and a loosening of his teeth, thereby, the accused committed the above offences.

The learned counsel appearing for the petitioners would say that the petitioners are totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners have been in custody since 07/08/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioners and learned Public Prosecutor, considering the nature of the allegations against the petitioner, and taking into account the nature of the injuries, in particular, the reference in the remand report that the injuries might have been caused by the fall, the fact that he has been in custody since 07/08/2023, that no apprehension being raised by the prosecution that if released on bail the petitioners are likely to abscond, that no other criminal antecedents have been reported against the petitioners, I am inclined to grant bail under such circumstances. Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-

(i) The petitioners shall be released on bail on executing a 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) The petitioners shall report before the Investigating Officer every Saturday between 9 a.m. and 10 a.m. till the final report is laid;

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

(iv) The petitioners shall not be involved in any other crime while on bail.

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