Nizamudeen 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.

Petitioner is the sole accused in Crime No.825/2022 of Cheranalloor Police Station, Ernakulam District. The offences alleged against the petitioner are under Sections 294(b), 506, 308, 427, 436 and 448 of the Indian Penal Code, 1860.

According to the prosecution, on account of an enmity with the defacto complainant, the accused tresspassed into the defacto complainant’s shop and set it ablaze, after pouring petrol causing serious damage and thereby committed the offences alleged.

Sri.C.M.Suresh Babu, learned Counsel for the petitioner submitted that the entire allegations are false and that the incident as alleged had not occurred. It was also submitted that petitioner’s daughter was sexually abused by the husband of the defacto complainant, against whom an offence under the POCSO Act was registered and which is pending consideration. The allegations now raised against the petitioner has been initiated for the purpose of wreaking vengeance for filing a criminal case against the defacto complainant’s husband. It was submitted that petitioner was arrested on 22.12.2022 and has been in custody since then. It was further submitted that petitioner is willing to abide by any conditions that may be imposed upon him.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that the prosecution allegations are serious in nature, and that since the investigation is still continuing, releasing the petitioner on bail would cause prejudice to the investigation.

I have considered the rival contentions.

Petitioner’s daughter was the victim of a sexual abuse allegedly at the hands of the husband of the defacto complainant. The offence registered under POCSO Act is pending against him. The present crime is registered by the aforementioned victim’s father.

Having regard to the aforesaid circumstances, I am of the view that continued detention of the petitioner is not essential for the purpose of investigation.

Accordingly, this application is allowed 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 or contact the defacto complainant or her family members.

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

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.