Jibin vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the second accused in crime No.1617/2021 of Thrikkodithanam police station, Kottayam district, alleging commission of offences under Sections 323, 324 and 308 r/w. Section 34 of the Indian Penal Code.

The allegation against the petitioner is that, he along with the 1st accused, attacked the de facto complainant using dangerous weapons and inflicted grievous injuries on him. In addition, it is alleged that he fisted the wife of the de facto complainant and thereby committed the offences under the aforesaid provisions of law.

Learned counsel appearing for the petitioner submits that the petitioner was arrested on 06.11.2021 and was remanded to judicial custody on 07.11.2021. It is submitted that major part of the allegations are against the 1st accused and that there was an earlier incident where the de facto complainant had trespassed into the house of the petitioner and attacked his grandmother with a chopper resulting in severe injury on her face. It is also alleged that the relatives of the de facto complainant set on fire the shed where the de facto complainant and his parents and family were residing. It is submitted that the 1st accused is none other than the brother of the petitioner herein and that the complaint filed by the de facto complainant is to cover up his action of attacking the grandmother of the petitioner and setting on fire the shed where the petitioner and his parents were residing.

Learned Public Prosecutor, on instructions, would submit that the 1st accused, the brother of the petitioner herein, is accused in at least four other cases including the case involving the provisions of the NDPS Act. It is submitted that the investigation conducted thus far and the medical examination report of the de facto complainant suggest that the allegations against the petitioner are true. It is submitted that the grant of bail at this stage may affect the progress of the investigation.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 07.11.2021, I am of the view that the petitioner can be granted bail, especially considering the fact that, he is only 18 years of age and there are no antecedents reported against the petitioner herein. Accordingly, this application for regular bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.1617/2021 of Thrikkodithanam Police station on every Saturday at 11 am until further orders;

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.. 1617/2021 of Thrikkodithanam police station;

(iv) The petitioner shall not enter the local limits of the 1617/2021 of Thrikkodithanam police station where the de facto complainant is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1617/2021 of Thrikkodithanam police station may file an application before the jurisdictional court, for cancellation of bail.