P.K.Kuruvila@Kannittababu vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.2112/2023 of the Kottayam East Police Station, registered against him for having committed the offence under Section 304 of the Indian Penal Code,1860. The petitioner was arrested on 14.11.2023.

The prosecution case, in brief, is that: On 12.11.2023 at about 6.30 p.m., the accused out of his previous animosity with one ‘Chandrasekharan’ in the scuffle pushed down the said ‘Chandrasekharan’ on the road, causing grievous injuries to him. Due to the injuries sustained by the said person, he succumbed to his injuries. Thus, the petitioner has committed the above offences.

Heard; Sri.C.S.Manilal, the learned counsel appearing for the petitioner and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor appearing for the respondent.

When  the  bail  application  came  up  for admission on 19.12.2023, this  Court,  after appreciation of the materials placed on record, prima facie felt that the action of the petitioner was not premeditated and, therefore, this Court granted the petitioner interim bail till the date of next posting. Consequently, the petitioner was released on bail.

Today, when the bail application was taken up for consideration, the learned Public Prosecutor, on instructions, submitted that the investigation in the case is practically complete. The petitioner has co-operated with the investigation. The petitioner has also abided with the conditions imposed by this Court.

In the light of the above submission, I am of the definite view that the continued detention of the petitioner is not necessary, especially after he has abided by the interim order passed by this Court.

In  the  result,  the application  is  allowed,  by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every alternate Saturdays between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii)The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi)Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(vii)Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State of Delhi and Anr. [2020 (1) KHC 663].