Jithu @ Saji 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 accused Nos. 1 and 2 in Crime No.554/2022 of Ancuthengu Police Station, Thiruvananthapuram District. The offences alleged against the petitioner are under Sections 341, 294(b), 323, 324, 506(ii) 452, 354 and 308 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 10.12.2022 at about 8.30 pm, the defacto complainant was brutally assaulted and abused, and when she ran away from the house, accused Nos.1 to 4 followed her with a chopper and a wooden rod and accused Nos.1 and 2, after assaulting the person who tried to intervene, trepassed into the house of the defacto complainant and pushed her down and shouted obscene words and thereafter caught hold of various parts of her body with intent to outrage her modesty and thereby committed the offences alleged.

Sri.T.Kabil Chandran, learned Counsel for the petitioner submitted that the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that there are matrimonial disputes between the 1st accused and the defacto complainant and that the attempt of the defacto complainant is to compel the petitioner to settle the same.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that the prosecution allegations are serious in nature and that even though petitioners were arrested on 11.12.2022, the continued detention is essential, since there is every chance that petitioners may influence or intimidate the witnesses.

I have considered the rival contentions.

Having regard to the nature of allegations and also the circumstances arising in this case including the matrimonial relationship between the 1st petitioner and the defacto complainant, I am of the view that further detention is not essential.

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

(a) 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) Petitioners shall appear before the Investigating Officer as and when required.

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

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) 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.