Noyal Ailas vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No. 137 of 2022 of Ramamangalam Police Station, Ernakulam District, alleging commission of offences punishable under Sections 452, 436 & 427 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner trespassed into the house of the de facto complainant and set on fire a motorbike bearing Reg.No.KL-17J-4767 and destroyed the windows of a car bearing Reg.No.KL-17Q-7037, and thereby, he committed the offences under the aforesaid provisions of law.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and that he has been falsely implicated. It is submitted that there are existing disputes between the family of the petitioner and the de facto complainant, who is none other than the first cousin of the petitioner. It is further submitted that the petitioner is a retired Naval Officer living with his aged mother, who was attacked by the de facto complainant and regarding which, a complaint was filed before the Puthencruz Police Station. It is also submitted that a complaint was also preferred before the Superintendent of Police, Aluva Rural. It is submitted that the First Information Report in this case has been lodged after the petitioner filed the above complaint and that, by itself, shows that the allegations against the petitioner are false. It is submitted that the petitioner has been in custody from 12.03.2022 and that his continued detention is not necessary for the purpose of any investigation.

The learned Public Prosecutor vehemently opposes the grant of bail. The circumstances of the case are pointed out from records. It is submitted that there are clear allegations in the First Information Statement of the de facto complainant that the petitioner committed the offences alleged against him. It is further submitted that the investigation is in progress and that the petitioner is not entitled to be released on bail considering the serious offences committed by him.

Having regard to the facts and circumstances of the case and taking into account the fact that the First Information Report in the present case was lodged on 12.03.2022, which is one day after the petitioner filed a complaint against the de facto complainant, and also taking into account the fact that the continued detention of the petitioner is not necessary for a proper investigation into the matter, I am of the view that the petitioner can be granted bail, subject to conditions.

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

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

(b)Petitioner shall appear before the investigating officer in Crime No. 137 of 2022 of Ramamangalam Police Station, Ernakulam District, whenever called upon to do so;

(c) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 137 of 2022 of Ramamangalam Police Station, Ernakulam District;

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

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 137 of 2022 of Ramamangalam Police Station, Ernakulam District, may file an application before the jurisdictional court for cancellation of bail.