Naveen Chandran vs State Of Kerala

Ziyad Rahman A.A., J

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

The petitioner is the 3rd accused in Crime No. 750/2023 of Pudukad Police Station. The offences alleged against the petitioner are punishable under Sections 341, 323, 324, 506 and 308 read with Section 34 of the Indian Penal Code.

The prosecution case is that, on 25.07.2023, the petitioner assaulted the defacto complainant with a wooden stick and iron pipe, thereby causing injuries to him. The crime was registered in such circumstances and as part of the investigation, the petitioner was arrested on 26.07.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard, Sri. Jerry Mathew, the learned counsel appearing for the petitioner and Smt. Seetha S, the learned Public Prosecutor, appearing for the State.

I have gone through the records. One of the crucial contentions raised by the learned counsel for the petitioner is that, the matter is now settled between the petitioner and the defacto complainant. To substantiate the same, an affidavit sworn by the defacto complainant was also produced wherein, it is mentioned that, the defacto complainant does not have any subsisting grievance against the petitioner. The defacto complainant also expresses his no objection in granting bail to the petitioner.

In such circumstances, when taking note of the period of detention the petitioner had undergone and the settlement between the parties, I do not find any necessity of further incarceration of the petitioner. Accordingly, this application is allowed on the following conditions:-

i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

ii) The petitioner shall fully cooperate with the investigation.

iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.

iv) The petitioner shall also appear before the Investigating Officer as and when required.

v) The petitioner shall not commit any offence of similar nature while on bail.

vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vii) The petitioner shall not leave India without the permission of the trial Court.

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