Jithin Lalji vs State Of Kerala

Mohammed Nias C.P., J.

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

Petitioner is the third accused in Crime No.1457/2023 of Punalur Police Station, Kollam District, for having committed the offences under Sections 294(b), 341, 323, 324, 308 & 34 of the Indian Penal Code

The prosecution allegation is that the defacto complainant's uncle's wife expired at Punalur Taluk Hospital, and an ambulance was hired from outside to take the body of the deceased. Out of this enmity, at 1.15 pm on 13.08.2023, the accused did not allow the ambulance to enter the hospital compound and restrained the defacto complainant, his brother and uncle. The 1st accused hit on the nose of the defacto complainant. Accused Nos. 2 to 4 stamped defacto complainant. The brother of the defacto complainant interfered, he was also assaulted. The accused hit the face of the defacto complainant's uncle with an iron grill and also tried to hit on defacto complainant's head with the iron grill. He evaded the attack if the same was not evaded, it might have resulted in injuries resulting in his death and thereby committed the alleged offences.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 31/12/2023, and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposing bail application by submitting that the petitioner had bad antecedents and there are three IPC offences registered against him.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and taking note of the fact that the petitioner has been in custody since 31/12/2023 and that accused Nos.1 and 2 are already released on bail by order of this Court dated 27/08/2023 in B.A.No.7450 of 2023, I am inclined to grant bail to the petitioner despite antecedents reported against the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on 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 jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when directed.

(iii) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner has no passport, he shall execute an affidavit to that effect and file the same before the said court within seven days from the date of his release on bail.

(iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(v) The petitioner shall not be involved in any other crime while

on bail.

(vi) If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.