Jithin vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 1st accused in Crime No.71/2023 of Varandarappilly Police Station, Thrissur, alleging offences under Sections 341, 324, 308 and 506 of the Indian Penal Code, 1860.

According to the prosecution, on 28.01.2023 at about 11.45 pm, the accused restrained the defacto complainant and with intent to commit culpable homicide not amounting to murder, inflicted injuries on him and committed the offences alleged.

Sri. A.C.Devy, the learned counsel for the petitioner contended that, the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner is willing to abide by any conditions that may be imposed upon him and that he was arrested on 01.04.2023, and has been in custody since then.

Smt. Neema T V the learned Public Prosecutor, opposed the application. It was further submitted that, petitioner is also involved in other criminal cases including a POCSO case and a case under the NDPS Act.

Having considered the circumstances of the case and also the period of detention already undergone, I am satisfied that this is a fit case where petitioner can be released on bail.

Accordingly, this application is allowed on the following conditions:-

a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

b) Petitioner shall appear before the Investigating Officer as and when required.

c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

d) Petitioner shall not commit any similar offences while he is on bail.

e) Petitioner 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.