Nitheesh vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the sole accused in Crime No.266/2023 of Karunagappally Police Station. The offences alleged are punishable under Sections 451, 341, 323, 324 and 308 of IPC and Section 3(1) of the Domestic Violence Act.

The prosecution case, in short, is that, on 15.02.2023, at 2.30 p.m, the applicant trespassed into the bedroom of the house the defacto complainant, who is his brother in law and grabbed the child of the sister of the defacto complainant and thereafter he hit on the head of the defacto complainant with a Nilavilaku with an intention to kill him and thereby committed the offences.

I have heard Sri. Sasith M R, the learned counsel for the applicant and Sri. V.S Sreejith, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 16.02.2023. The investigation is almost over and the recovery has been effected. The applicant has no criminal antecedents. Admittedly there is some family dispute between the applicant and his wife and the defacto complainant. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant 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 Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not 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.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.