Josphine Johnson vs State Of Kerala

Mohammed Nias C. P., J

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

The petitioner is accused No.1 in Crime No. 504/2023 of Angamali Police Station, Ernakulam District, of having allegedly committed offences punishable under Sections 341, 323, 324, 307, 326, 294(b), 120B, 506, and 34 of the Indian Penal Code.

The allegation against the petitioner is that, on 20.6.2023, the accused conspired together and shared a common intention to commit murder of the defacto complainant on 21.6.2023 at 1.30 hours, the accused brutally assaulted the complainant with a chopper and iron pipe. The incident took place at Angamaly when the complainant was coming in an autorickshaw. Accused Nos.2 and 3 beat him with an iron pipe; the first accused inflicted a cut injury on his head with a chopper, and the fourth accused beat on his leg with an iron pipe. When the complainant fell down all the accused beat him with the iron pipe and stabbed him several times, thereby committing the offences.

The learned counsel appearing for the petitioner would say that the petitioners are totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 23.6.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

Taking into account the fact that the final report has already been filed, the length of detention of the petitioner, and that no apprehension is being raised by the prosecution that if released on bail the petitioner is likely to abscond, I am inclined to grant bail, though there are antecedents 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 not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

iv.The petitioner shall not be involved in any other crime while on bail or leave the Country without the prior permission of the Court concerned.

v. The  petitioner  shall  surrender  his  passport  before  the jurisdictional court. If he does not have a passport, he shall execute an affidavit to that effect and file it before the said court within seven days from the date of his release on bail. vi.If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.