Mephin Xavier vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

The petitioner is accused No.1 in Crime No.151/2022 of Kanjiramkulam Police Station, Thiruvananthapuram District, alleging commission of offences punishable under Sections 294(b), 341, 323, 324 and 308 r/w Section 34 of the Indian Penal Code.

The prosecution allegation is that, on 13.02.2022 at 9 pm, accused Nos. 1 to 3, due to the previous animosity, wrongfully restrained the defacto complainant who was driving the auto rickshaw and the 1st accused attacked with a beer bottle and the 2nd accused attacked with an iron rod causing lacerated injury to the defacto complainant and thereby committed the aforesaid offences.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is also submitted that the petitioner is in custody from 31.10.2022 onwards. It is further submitted that the petitioner was studying in Sun Marine Academy at Mumbai and he completed his diploma in Fire Safety and Marine Security duties, as is evident from Annexure – I. The petitioner is a job seeker and trying to go abroad for a job. The case of the petitioner is that the petitioner along with other accused hired the auto rickshaw of the defacto complainant, and the defacto complainant, in a drunken stage, drove the auto in a rash and negligent manner. After alighting the defacto complainant demanded excess fare and same was questioned by the accused and in the scuffle the defacto complainant fell down and sustained injuries. The 3rd accused also sustained injuries in the incident and since he is a minor, the defacto complainant apprehended that the 3rd accused would file a complaint, and therefore, the present complaint is filed by the defacto complainant and crime was registered by using his political influences. It is also submitted that the mother of the petitioner is permanently disabled and the petitioner's father is no more and therefore, there is no one to look after the disabled mother.

The learned Public Prosecutor seriously opposed the bail application mainly contending that the 1st accused attacked the defacto complainant with a beer bottle and the 2nd accused with an iron rod and the defacto complainant sustained injuries in the alleged incident. It is further submitted that the petitioner is involved in another crime of Amaravila Excise Range, Crime No.44/2022, u/s 20(b)(ii)(A), 25 and 29 of NDPS Act.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 31.10.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.151/2022 of Kanjiramkulam Police Station, Thiruvananthapuram District on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.151/2022 of Kanjiramkulam Police Station, Thiruvananthapuram District;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.151/2022 of Kanjiramkulam Police Station, Thiruvananthapuram District may file an application before the jurisdictional court, for cancellation of bail.