Kiran Das vs Indiramma

Viju Abraham , J.

This is an application for regular bail.

Petitioner is the 1st accused in Crime No.1379 of 2022 of Attingal Police Station, Thiruvananthapuram registered alleging commission of offences punishable under Sections 341, 294(b), 323, 324, 506(i) and 308 read with Section 34 of the Indian Penal Code.

The prosecution allegation is that on 04.10.2022 at about 09:30 p.m. the accused 1 to 4, in furtherance of their common intention to commit homicide not amounting to murder, assaulted the defacto complainant and others by unlawfully restraining them and by uttering obscene words. The second accused inflicted fisted blows on the chest of the defacto complainant and when his friends Aji, Sivajith and Maneesh tried to interfere, accused caused hurt to them. First accused hit the defacto complainant with a wooden plank. When he evaded from the attack, the blow fell on the left side of his neck and resulted in injury. Thereafter, the first accused hit on the head of the defacto complainant with a tile and caused an incised wound on his head and thus accused persons are alleged to have committed the aforesaid offences.

Petitioner submits that he is in custody from 06.10.2022 onwards and except for the petitioner, all other accused have been granted bail by this Court as per Annexure A3 order. The petitioner submits that investigation is almost over and that his further detention is not required for the purpose of the investigation.

Learned Public Prosecutor opposed the application for bail mainly contending that serious overt acts are alleged against the petitioner and further that he is involved in several other criminal cases.

Considering the facts and circumstances of the case and taking into consideration the detention of the petitioner from 06.10.2022 onwards, I am inclined to grant bail to the petitioner, but the same shall only be on stringent conditions in view of the serious antecedents of the petitioner.

(i) The petitioner shall execute 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) He shall appear before the investigating officer in Crime No.1379 of 2022 of Attingal Police Station, Thiruvananthapuram on all Saturdays at 11.00 a.m. for a period of six months.

(iii) He shall not leave the State of Kerala without getting prior permission from the jurisdictional court.

(iv) He shall not enter the jurisdictional limit of Attingal Police Station for a period of six months except for complying with condition No.(ii) or to attend any court proceedings.

(v) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(vi) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.1379 of 2022 of Attingal Police Station, Thiruvananthapuram may file an application before the jurisdictional court, for cancellation of bail.