Kiran @ Babukuttan vs State Of Kerala

Ziyad Rahman, A.A, J

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

The petitioners are the accused Nos. 1, 2 and 4 in Crime No. 640/2023 of Poonthura Police Station. The offences alleged against the petitioners are punishable under Sections 294(b), 323, 324, 341, 506(ii) and 307 read with Section 34 of the Indian Penal Code.

The prosecution case is that, on 16.06.2023, at about 9.30 p.m, the petitioners, along with the other accused, wrongfully restrained the defacto complainant, who was selling fruits in a Goods Auto rickshaw, abused him using filthy language and attacked him by inflicting a stab injury on his buttocks. The crime was registered in such circumstances and as part of the investigation, the petitioners were arrested on 19.06.2023. Since then, they have been under judicial custody. The application for regular bail is submitted in such circumstances.

Heard, Sri. V.A Vinod, the learned counsel appearing for the petitioners and Smt. Nima Jacob, the learned Public Prosecutor, appearing for the State.

I have carefully gone through the records. It is true that, there are overt acts alleged against the petitioners. A serious injury was also sustained by the defacto complainant and the petitioners have criminal antecedents as well. However, it is a fact that the petitioners have been under judicial custody since 19.06.2023. There is substantial progress in the investigation.

In such circumstances, taking note of the period of incarceration the petitioners have already undergone and other relevant circumstances, I am of the view that, further detention of the petitioners is not necessary. Accordingly, this application is allowed on the following conditions:-

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

ii) The petitioners shall fully cooperate with the investigation.

iii) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.

iv) The petitioners shall also appear before the Investigating Officer as and when required.

v) The petitioners shall not commit any offence of similar nature while on bail.

vi) The petitioners shall not make any 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.

vii) The petitioners shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with law.