Pradeep @ Kochumon 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 2nd accused in Crime No.448/2022 of Thiruvalla Adoor Police Station alleging offences under Sections 294(b), 323, 324, 506(ii), 450, 307 r/w.Section 34 of the Indian Penal Code, 1860.

The prosecution case is that due to previous animosity with the defacto complainant, on account of filling of a paddy land, petitioner, along with three others, in furtherance of their common intention attempted to commit murder by trespassing into the house of the defacto complainant and assaulted him and his wife, causing serious injuries and thereby committed the offences alleged.

Sri.Ajith Murali, the learned counsel for the petitioner

submitted that the petitioner being the 2nd accused is totally innocent and has not done any overt act. Despite the above, petitioner was arrested on 19.05.2022 and since then, he has been in custody.   It was further submitted that the subsequent incorporation of Section 450 and 307 was purposefully intended to deny the grant of bail to the petitioner.

Sri.Noushad K.A., the learned Public Prosecutor, on the other hand submitted that the offences alleged against the petitioner and other accused are serious in nature and that the continued detention of the petitioner is required especially for the purpose of locating the first accused and also for recovery of the weapons allegedly used by him.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 19.05.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(a) The petitioner shall be released on bail on his 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) The petitioner shall appear before the Investigating Officer as and when required.

(c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) The petitioner shall not commit any offence while he is on bail.

(e) The petitioner shall not leave India without the permission of the Court having jurisdiction.

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.