Praveen vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the first accused in Crime No.991 of 2023 of Varkala Police Station, Thiruvananthapuram, alleging offences under Sections 341, 447, 294(b), 323, 324 & 308 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 07.05.2023, the accused in furtherance of their common intention trespassed into the compound of the defacto complainant and after abusing him, threatened to kill him while the other accused assaulted him and thereby committed the offences alleged.

Sri.P.Anoop Mulavana, the learned counsel for the petitioner contended that the prosecution allegations are false and the incident as alleged had not occurred. It was also submitted that petitioner was arrested on 09.05.2023 and has been in custody since then.

Sri.C.N.Prabhakaran, the learned Public Prosecutor opposed the application and submitted that petitioner is involved in four other criminal cases and considering the criminal antecedents, petitioner ought not to be released on bail, that too, at this juncture.

I have considered the rival contentions.

Having regard to the nature of the allegations and the period of detention already undergone, I am of the view that despite the alleged criminal antecedents of the petitioner, he is entitled to be released on bail.

Accordingly, I allow this bail application 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 attempt to tamper with the evidence.

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

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.