Jayesh P. J vs State Of Kerala

A.Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, by the petitioner, who is the 2nd accused in Crime No.3430/2022 of Changanassery Police Station, where he alleged to have committed offences punishable under Sections 323, 341, 324, 326, 307 and 34 of the Indian Penal Code.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

The case of the prosecution is that at about 10.30 p.m on 25.12.2022, the accused persons herein assaulted the defacto complainant and his friends. The specific allegation is that the 1st accused inflicted cut injuries on the left cheek of the defacto complainant using an axe. Similarly, the allegation against the 2nd accused/petitioner is that he beat on the face of one Jinson. On the above premise, the prosecution alleged commission of offences punishable under Sections 323, 341, 324, 326, 307 and 34 of the Indian Penal Code.

I have perused the case diary materials placed by the learned Public Prosecutor.

The learned counsel for the petitioner highlighted that the grievousness of the overt acts against the petitioner in this crime is much less and there is no allegation to the police that the petitioner had used any weapons to assault the defacto complainant. He also submitted that though the 2nd accused, the petitioner, is having criminal antecedents, the gravity of the offences included in those cases is much less. Highlighting the custody of the petitioner from 26.12.2022 and the progress of the investigation, the learned counsel for the petitioner pressed for grant of regular bail.

Whereas  the  learned  Public  Prosecutor  vehemently opposed grant of regular bail and submitted that in the occurrence report it is reported that the defacto complainant and Syju Sebastian sustained very serious injuries. According to the learned Public Prosecutor, Syju Sebastian sustained injuries such as multiple craniofacial fracture, fracture in left high parietal bone associated with minimal pneumocephalus. Further he sustained linear displaced fracture involving body nasal septum, linear nondisplaced fracture involving bilateral nasal bones and right frontal process of maxilla. The learned Public Prosecutor also highlighted involvement of the petitioner in 2 more crimes during 2021, while opposing the regular bail plea.

While addressing the rival contentions, I have perused the F.I statement, wherein assault against Syju Sebastian and Jinson was specifically stated. The allegation against the 2nd accused/petitioner is that he used his hands to beat on the face of Jinson. It is true that he has involvement in Crime No.1927/2021 alleging commission of offence punishable under Sections 447, 294(b), 427, 506(ii) and 34 IPC as well as in Crime No.2745/2021 alleging commission of offences punishable under Sections 365, 342, 323, 324, 506(i), 34 IPC of Changanassery Police Station.

The continuous involvement of the petitioner in the third crime is noted with displeasure. However, taking note of his custody from 26.12.2023 and the progress of investigation, I am inclined to release him on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.