Kiran vs State Of Kerala

Mohammed Nias C.P., J

These applications are filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

B.A.No.7775/2023 - The petitioners are accused Nos.1 to 3 in Crime No. 1451/2023 of Muvattupuzha Police Station, Ernakulam, for having allegedly committed offences punishable under Sections 341, 294(b), 324 and 308 r/w Section 34 of the Indian Penal Code. The allegation against the petitioners is that, on 29/08/2023 at 6.35 p.m., at Mariya Park bar, accused Nos. 1 to 3 / petitioners herein assaulted the defacto complainant who is working as the bar man in the above said bar, on the enmity that the defacto complainant did not give snacks on their demand. It is also alleged that the 1st accused/ 1st petitioner herein, on knowing the fact that his assault may even result in the death of the defacto complainant, assaulted him on his head with the icebox that was placed in the bar counter to which he moved away and resulted in injuries on his left side forehead and nose. It is also alleged that the 2nd accused/ 2nd petitioner herein wrongfully restrained the defacto complainant and verbally abused him. It is also alleged that the 3rd accused/ 3rd petitioner herein has assaulted the defacto complainant's friends with the ice bucket and resulting in injuries, and thereby committed the offence.

B.A.No.7781/2023 - The petitioners are accused Nos.1 to 4 in Crime No. 1450/2023 of Muvattupuzha Police Station, Ernakulam, for having allegedly committed offences punishable under Sections 323, 324, 308 r/w Section 34 of the Indian Penal Code. The allegation against the petitioners is that, on 29/08/2023 at 6.35 p.m., inside the bar counter of Mariya Park Hotel, accused Nos. 1 to 4/ petitioners herein attacked and assaulted the defacto complainant and two of his friends on the enmity that they have asked for touching while consuming liquor. It is further alleged that the 1st accused/ 1st petitioner herein assaulted the defacto complainant's friend by name, Aarak, using his fist, the 2nd accused/ 2nd petitioner herein attacked the defacto complainant and his friend, Aarak, by using a small stick (kuruvadi), which resulted in injury on the right knee of the defacto complainant. It is also alleged that the 3rd accused/ 3rd petitioner herein, using his fist, attacked the defacto complainant, and when he fell down, the 1st petitioner, knowing the fact that his assault could even result in the death of the defacto complainant, used a jug, which was filled with water, tried to assault on the forehead of the defacto complainant to which he evaded and resulted in injury on the upper portion of his ears and thereby resulting in an injury of five stitches and thereby committed the offence.

The learned counsel appearing for the petitioners would say that the petitioners are totally innocent and falsely implicated with ulterior motives. It is seen that on the basis of the same incident that happened on 29/08/2023 cases, counter cases were registered against the petitioners in both these bail applications. It is submitted that, after that, the parties have settled the dispute, and an amicable settlement has been arrived, which is evidenced by affidavits filed along with Crl.M.A.No. 1/2023 (Annexures A4 to A6). In view of the settlement arrived at and the veracity of the affidavits being verified through the SHO, I am inclined to grant bail to the petitioners in both these cases.

After having considered the submissions of the learned counsel for the petitioners and the learned Public Prosecutor and considering the settlement arrived between the petitioners of both cases and the fact that petitioners are in custody from 30/08/2023, also since there is no apprehension raised by the prosecution that if they are released on bail, the petitioners are likely to abscond, I hold that bail can be granted to the petitioners. Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-

(i) The petitioners 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 petitioners shall report before the Investigating Officer as and when required to do so.

(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioners shall not be involved in any other crime while  on bail.

(v) If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.