Johny Ommen 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.454 of 2022 of Chenganoor Police Station registered for the offences punishable under Sections 308, 452, 341, 323, 509, 294(b), and 34 of the Indian Penal Code, 1860.

The prosecution case is that,� due to the previous animosity towards the de facto complainant and her family, the accused trespassed into the house of the de facto complainant uttering obscene words and lifted the dress to show his nudity to the mother-in-law of the de facto complainant and after wrongfully restrained her, pushed her down and thereafter attacked the de facto complainant with a sickle aiming at her neck. Since the attack was warded off, it caused serious injuries only to her left hand thereby committing the offences alleged against him. Petitioner was arrested on 01.06.2022 and has been in custody since then.

Smt.A.Salini Lal, the learned counsel for the petitioner, submitted that the entire prosecution case is false and that the petitioner is innocent.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, vehemently opposed the grant of bail and submitted that the 2nd accused, who is the wife of the petitioner is absconded and that releasing him on bail at this juncture will cause great prejudice to the investigation.

Taking note of the circumstances in the case and the nature of the injuries occasioned, apart from the nature of overt acts attributable to the petitioner, I am of the opinion that the continued detention of the petitioner is not required. Therefore, the petitioner is entitled to be released on bail.

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

(i) Petitioner shall be released on bail on his 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the de facto complainant or her family members;

(iv) Petitioner shall not commit any offence while he is on bail.

(v) 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.