Jidhesh @ Unni vs State Of Kerala

V.G.Arun, J

The appellants are the accused in Crime No.256 of 2023 of the Kalikavu Police Station registered for offences punishable under Sections 341,323,324 and 326 read with Section 34 of the Indian Penal Code and Sections 3(1)(s), 3(2)(va) and 3(2)(v) of Scheduled Caste and Scheduled Tribe(Prevention of Atrocities) Act. The crime was registered on the allegation that, at about 9 p.m on 9/4/2023, the de facto complainant/3rdrespondent was attacked by the appellants when he intervened in an attempt to stop the scuffle between his friends and the appellants. In his statement given to the police, the third respondent alleged that he was hit with an iron piece and abused by caste name. The appellants were arrested on 21/5/2023 and are continuing in judicial custody. Their application for bail was dismissed by the Special Court, considering the gravity of the offence and possibility of the appellants interfering with the investigation, influencing or intimidating the witnesses and tampering with the evidence.

Learned Counsel for the appellants submitted that the crime is falsely foisted on his clients as a counter blast to Crime No.258/2023 registered against the third respondent and two others. Moreover, the investigation having been completed, further incarceration of the appellants is unnecessary. It is submitted that the appellants are the sole bread winners and their absence is causing substantial hardship to the families.

Learned Public Prosecutor opposed the bail application, pointing out the gravity of the injuries sustained by the third respondent. The case diary is also made available for perusal.

In spite of being served with notice, the third respondent has not appeared.

Even as per the third respondent's statement, the attack was not premeditated and had occurred when the third respondent tried to intervene in the scuffle between his friends and the appellants. Be that as it may, the wound certificate shows that the third respondent has sustained depressed fractures involving the anterior and postero lateral wall of left maxillary sinus with haemosinus.

It is also pertinent to note that crime No.258/2023 is registered against one Vishnu and two others for having assaulted the first appellant. In this context, the statement of the third respondent that, after the incident, he and his friends had gone to the house of the appellants 1 and 2 demanding compensation assumes relevance. Hence, there appears to be is some substance in the submission of the appellants regarding the attempt at retaliation. The other relevant factor is that the appellants are in custody from 21/5/2023 onwards. Taking all the above factors into consideration, I find the appellants to be entitled for bail, subject to stringent conditions;

Accordingly, the following directions are issued;

i). The appellants shall be enlarged on bail on their executing bonds for Rs.50,000/-(Rupees Fifty Thousand only) each, with two solvent sureties for the like sum, to the satisfaction of the jurisdictional court.

ii). The appellants shall appear before the investigating officer every Sunday between 10 am and 11 am, until the final report is filed.

iii). The appellants shall not attempt to influence or try to intimidate the third respondent or other witnesses.

iv). The appellants shall not involve in any other offence while on bail.

v). If any of the above conditions is violated, the investigating officer can approach the jurisdictional court for getting the bail cancelled.