Jomi vs State Of Kerala

Shircy V, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioners are the accused 1 and 2 in Crime No.504 of 2021 of Chavara Thekkumbhagam Police Station registered for the offences punishable

under Sections 294(b), 452, 341, 324, 308, 354, 427 read with Sec. 34 of IPC .

They have been in custody since 17.6.2021

The allegation is that these petitioners were having enemity towards the son of the defacto complainant. Due to their enemity, with the intention to

attack him, the petitioners on 16.7.2021 at about 9.30 p.m trespassed into the residential house of the defacto complainant with the deadly weapons

and attacked him. When the defacto complainant attempted to rescue him she was also attacked by the petitioners causing injuries. They have also

torn off her dress with the deliberate intention to outrage her modesty. When the neighbour of the defacto complainant intervened to save the defacto

complainant as well her son from the cluches of these petitioners they also attacked him and caused injuries. Apart from the physical injuries caused

to them they have also damaged the window glass of the residential house of the defacto complainant and caused damages to the tune of Rs.5000/-

and thereby committed the aforesaid offences.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

The learned counsel for the petitioners submitted that they have not committed any offence as alleged by the prosecution. But in fact they were

attacked by the son of the defacto complainant and a crime has been registered against him. But these petitioners are undergoing incarceration right

from the date of arrest and they have no criminal antecedents and hence, the application for their release on bail.

The learned Public Prosecutor has submitted that after arrest of these petitioners, the weapons used by them to inflict injuries on the defacto

complainant and her son were recovered at their instance. Now the investigation of the case has progressed considerably.

It is to be noted that these petitioners have no criminal antecedents. But a counter case has been registered against the son of the defacto

complainant and now it is pending as Crime No.534 of 2021. The investigation in this case is also well in progress.

Therefore, considering the period of detention undergone by them in judicial custody, the present stage of investigation as well the other facts and

circumstances involved in this case, I am inclined to release them on bail subject to the following conditions.

(i) The petitioners shall be released on bail on executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to

the satisfaction of the court having jurisdiction.

(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.