Narayanan T vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioners are accused Nos.1 and 2 in Crime No.191/2022 of Mayyil Police Station, Kannur District alleging offences under Sections 143,148, 341, 323, 324, 326 and Section 354 r/w Section 149 of the Indian Penal Code, 1860.

According to the prosecution, the accused had on 25.02.2022 attacked the defacto complainant and his brother and thereby committed the offences alleged.

Sri.A.C.Venugopal, the learned counsel for the petitioners contended that the entire prosecution allegations are false. It was further submitted that the petitioners having been arrested on 27.07.2022, continued detention is not necessary in the nature of the allegations.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the petitioners have committed a very serious offence and hence continued detention of the petitioners is necessary.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioners with the crime. However, since petitioners were remanded to judicial custody on 27.07.2022, I am of the view that the continued detention is not required in the circumstances of the case. Therefore, the petitioners are entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall appear before the Investigating Officer as and when required.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence or contact the defacto complainant or his family members.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.