Mohanan Nair vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the sole accused in Crime No. 119/2023 of Achankovil Police Station, Kollam district, for committing offences punishable under Sections 294(b), 324, 326 & 308 of IPC.

The prosecution case is that on 30.10.2023 at around 9.30 hours at Chembanaruvi, when the defacto complainant had gone for plucking arecanut from the property taken on lease and when he questioned the accused about the conduct of the accused taking away the fallen arecanut belonging to the defacto complainant, the accused caught hold on the neck of the defacto complainant and assaulted. Hence, the accused is alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 1.11.2023 and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to get bail.

After having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the fact that the petitioner has been in custody since 1.11.2023 and the investigation has progressed, and also, since there is no apprehension raised by the prosecution that if he is released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. It is also to be noted that no other criminal antecedents have been reported against the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

i. The petitioner shall be released on bail on 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 jurisdictional court;

ii. The petitioner shall report before the Investigating Officer as and when required to do so.

iii.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

iv.The petitioner shall not be involved in any other crime while on bail.

v. The petitioner shall surrender his Passport before the jurisdictional court. If the petitioner does not have a Passport, he shall execute an affidavit to that effect and file the same before the said court within seven days from the date of his release on bail.

vi.The petitioner shall furnish his present address along with his mobile phone number to the court concerned as well as to the Investigating Officer.

If any of the conditions are violated, the jurisdictional court concerned shall be empowered to take steps to cancel bail, as per law.