Kiran vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the accused in Crime No. 60/2023 of Vallikunnam Police Station. The offences alleged are punishable under Sections 294(b), 341, 323, 325, 506 and 427 of Indian Penal Code and Section 75 of Juvenile Justice (Care and Protection of Children) Act.

The prosecution case, in short, is that, on 30.01.2023, at 6.00 p.m, the applicant and the defacto complainant had scuffle at their house and when the daughter of the defacto complainant aged 7 years intervened, the applicant fisted on her face causing loosening of the teeth and thereby committed the offences.

I have heard Sri.Basil Chandy Vavachan, the learned counsel for the applicant and Sri. V.S Sreejith, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 31.01.2023. The only non-bailable offence is alleged under Section 75 of the Juvenile Justice (Care and Protection of Children) Act. The applicant and the defacto complainant are in a live in relationship. The victim is the daughter of the defacto complainant. The learned counsel for the applicant submitted that, since the applicant does not have any control over the child, Section 75 of the Juvenile Justice Act would not be attracted. At any rate the applicant is in custody for the last more than 33 days. The investigation is almost over. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.