Marcose Perera @ Bhasi vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 4th accused in Crime No.238/2024 of the Eravipuram Police Station, Kollam, registered against the accused (five in number) for allegedly committing the offences under Sections 143, 147, 148, 294(b), 323,324 506(ii) & 307 r/w Section 149 of the Indian Penal Code.

The crux of the prosecution case, is that; on 11.2.2024 at around 19.50 hours, the accused in prosecution of their common intention, had formed an unlawful assembly and attacked the de facto complainant with a chopper and caused grievous injuries to him. When the de facto complainant’s friend Jayesh attempted to intervene, the accused manhandled him also. Thus, the accused have committed the above offences.

Heard; Sri. Shabu Sreedharan, learned counsel appearing for the petitioner and Smt. Shynimol V.O. the learned Public Prosecutor.

Learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. There is no specific overt act alleged against the petitioner. The petitioner is nowhere at the place of incident. The Investigating Officer has deliberately incorporated Section 307 of IPC, to deny bail to the petitioner. The petitioner has been in judicial custody since 12.02.2024. The investigation in the case, so far the petitioner is concerned, is practically complete and recovery has been effected. Hence, the petitioner may be released on bail.

The  learned  Public  Prosecutor  opposed  the application. She contended that the investigation is in progress. She further stated that if the petitioner is let off on bail, there is every likelihood of him tampering with the evidence. She made available the Accident Register cum Wound Certificate of the injured, to substantiate the injuries sustained by the injured. Therefore, the application may be dismissed.

On an anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, particularly after going through the Accident Register cum Wound Certificate of the injured dated 11.2.2024 issued by the District Hospital, Kollam, which shows that the injured suffered a forearm contusion on his right hand and forearm laceration on his left hand, prima facie the injury does not seem to be grievous in nature. Therefore, I am of the definite view that the petitioner’s further detention is not necessary.

Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioner to be released on bail on him 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 court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure 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 in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) The petitioner shall furnish his present address and permanent address, and his mobile phone number to the court below and the Investigating Officer;

(vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail,  if  any  filed,  and  pass  orders  on  the  same,  in accordance with law.

(vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].