Nithin Chandran vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.1641/2021 of Chingavanam Police Station, Kottayam District alleging commission of offences under

Sections 143, 144, 147, 148, 149, 323, 324, 341, 294(b) and Section 308 of the Indian Penal Code.

The allegation against the petitioner is that when the petitioner and others were seen attacking one Nithin, who is a relative of the de-facto

complainant, the de-facto complainant had intervened in the matter and then the petitioner along with others had attacked the de-facto complainant

and the petitioner had taken an axe from the property of the de-facto complainant and assaulted the de-facto complainant using the same causing

injuries on his neck.

The learned counsel for the petitioner submits there are civil disputes between the petitioner and the aforesaid Nithin, who is stated to be a relative

of the de-facto complainant. It is submitted that the case has been put up only on account of civil disputes between the petitioner and the aforesaid

Nithin and the allegations against the petitioner are completely false. It is also submitted that this Court through order dated 22.12.2021 in

B.A.No.9694/2021 had granted bail to the 4th accused in the case. It is finally submitted that the petitioner has been in custody from 19.11.2021 and

has completed 53 days in custody and his further detention is not required, in the facts and circumstances of the case.

The learned Public Prosecutor, on instructions, would submit that the petitioner, who is 1st accused, has criminal antecedents. It is submitted that

the wound certificate in respect of the de-facto complainant suggests that the allegations against the petitioner are true. It is submitted that the grant of

bail, at this stage, may not be conducive to the successful prosecution of the petitioner.

The learned counsel for the petitioner submits that in respect of three of the cases mentioned as against the petitioner to point out that he has

criminal antecedents, the petitioner stands acquitted in two cases and third case again is a case registered on account of the boundary dispute with the

aforesaid Nithin.

Having regard to the facts and circumstances of the case and taking into account the nature of the allegations against the petitioner and also

considering the fact that the petitioner has been in custody from 19.11.2021, I am of the view that the petitioner can be granted bail subject to

conditions. His further detention is not necessary for the purposes of investigation into the matter.

In the result, this application is allowed and it is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the

Jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No.1641/2021 of Chingavanam Police Station, Kottayam District on every Saturday at 11.00 am

until further orders;

(iii) The petitioner shall not attempt to contact the de-facto complainant or influence or intimidate the de-facto complainant or any witness in Crime No.1641/2021 of

Chingavanam Police Station, Kottayam District ;

(iv) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.1641/2021 of Chingavanam Police Station, Kottayam District may

file an application before the Jurisdictional Court, for cancellation of bail.