Nishad vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 2nd accused in Crime No.7 of 2023 of Fortkochi Police Station, Ernakulam, alleging offences under Sections 143, 147, 283, 323, 324, 326 and 394 r/w Section 149 of the Indian Penal Code, 1860.

According to the prosecution, the accused had, with a common intention formed themselves into an unlawful assembly and brutally assaulted the defacto complainant with a wooden reaper and a knife and thereby inflicted serious injuries including fracture of the ribs apart from robbing him of gold and mobile phone and thereby committed the offences alleged.

Sri.M.J.Kirankumar, the learned counsel for the petitioner contended that the prosecution allegations are false and the incident as alleged had not occurred. It was also submitted the petitioner was arrested on 09.05.2023 and has been in custody since then. It was further submitted that A1, A4 and A5 have already been released on bail and the allegations against the petitioner are falsely foisted.

Sri.Manu P.G., the learned Public prosecutor opposed the application and contended that the allegations are serious and that if the petitioner is released on bail, it would prejudice the investigation.

I have considered the rival contentions.

Petitioner is alleged to have committed a serious offence and inflicted grievous injury on the defacto complainant using a wooden reaper and knife. Even though the allegations are serious, considering the period of detention already undergone from 09.05.2023, , I am of the view that petitioner can be released on bail on strict conditions.

Accordingly, I allow this application on the following conditions :-

(a) Petitioner shall 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.

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

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner 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.