Jishnu C.S. vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioners are the accused in Crime No.448/2022 of Thiruvalla Police Station, Pathanamthitta alleging offences under Sections 294(b), 323, 324, 506(ii), 450 and 307 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, due to previous animosity with the defacto complainant, relating to filling up of a paddy land, petitioners along with two others, in furtherance of their common intention attempted to commit murder after trespassing into the house of the defacto complainant and assaulted him and his wife and caused serious injuries and thereby committed the offences alleged.

Sri.Ajith Murali, the learned counsel for the petitioners submitted that the petitioners being the 3rd and 4th accused are totally innocent and they have not done any overt act. Despite the above, petitioners were arrested on 22.06.2022 and since then, they have been in custody. It was further submitted that the subsequent incorporation of Section 450 and 307 was purposefully intended to deny the grant of bail to the petitioners.

Sri.Noushad K.A., the learned Public Prosecutor, on the other hand submitted that the offences alleged against the petitioners and other accused are serious in nature and that the continued detention of the petitioners is required especially for the purpose of locating the first accused and also for recovery of the weapons allegedly used by him.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioners with the crime. However, since petitioners were remanded to judicial custody on 22.06.2022, I am of the view that the continued detention of the petitioners is not required in the circumstances of the case. Therefore, the petitioners are entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) The petitioners shall be released on bail on them 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 court having jurisdiction.

(b) The petitioners shall appear before the Investigating Officer as and when required.

(c) The petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence or contact the defacto complainant or his family members.

(d) The petitioners shall not commit any offence while they are on bail.

(e) The petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.