Koshykunju vs State Of Kerala

Shircy V, J

The petitioner, who is the accused in Crime No.1342/2021 of Adoor Police Station, registered for the offences punishable under Sections 294(b), 324, 326, 307 & 506(ii) of the Indian Penal Code, has approached this Court with this application seeking his release on bail.

The petitioner has been in custody since 01.08.2021.

The prosecution case as revealed from the records in brief are as follows:

The defacto complainant and the petitioner are neighbours. Certain trees are standing in the property of this petitioner, but the branches of the same are hanging towards the property of the defacto complainant. As it is standing in a dangerous position, the defacto complainant had requested the petitioner to cut and remove the branches of the trees. But he did not yield to the demand made by the defacto complainant. While so on 30.07.2021 at about 5.00 p.m, when the defacto complainant came to the residence of this petitioner, he showered abuses towards him and attacked him with an iron bar. He had beaten with an iron bar with the intention to cause his death. The defacto complainant, who sustained severe injuries fell down and then also the petitioner had beaten him repeatedly with the iron rod causing grievous inures including fracture. There by he committed the aforesaid offences.

The submission of the learned counsel for the petitioner is that, he is a man aged 64 years, who is residing along with his mother aged 84 years and wife aged 62 years. The defacto complainant, who is aged only 44 years used to pick up quarrel with this petitioner quite often. It is true that, some trees are standing in the boundary of the property of this petitioner. But it is not in a dangerous position as stated by the prosecution. On the relevant day he came to the residence of this petitioner and abused him in filthy language which resulted in a scuffle between them and some how or other the defacto complainant had sustained injuries. In fact, this petitioner has not committed any offence as alleged by the prosecution. But he is undergoing incarceration and there is no one to take care of his aged mother and wife, they are alone in the house. Hence, he seeks for his release on bail.

The learned Public Prosecutor refuted the claim of the petitioner contending that if he is released on bail at this stage, i.e before completion of the investigation, there is every possibility to interfere with the investigation of the case.

It is true that the allegations levelled against this petitioner, who is aged 64 years are grave and serious in nature. The injury sustained by the defacto complainant is also very serious and grave. But it is a fact that recently another crime has been registered against the defacto complainant on the complaint of the wife of this petitioner and investigation has started in that case also. The prosecution has no case that this petitioner is having any criminal antecedents. Therefore, considering the age of this petitioner, the present stage of the investigation as well the pandemic situation of our country, I am inclined to release him on bail subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.