Purushothaman Nair vs State of Kerala

K. Ramakrishnan, J.—This is application for bail filed by the 5th accused in Crime No. 1688 of 2013 of Pathanamthitta Police Station u/s 439 of the Code of Criminal Procedure.

The case of the prosecution in nut shell was that on 08.11.2013 at 11 p.m. the accused persons 1 to 4 came in the car bearing registration No. KL 03V 8469 belonged to the 5th accused and inflicted injuries on the de facto complainant on account of his enmity with him as he was suspected to have illicit relations with the wife of first accused, at the instance of the first accused, they have inflicted injuries on the de facto complainant with an intention to commit murder of the de facto complainant and 5th accused had later not produced the vehicle with a view to help the accused persons and destroyed the evidence and thereby they have committed the offences punishable u/s 120B, 364, 342, 324, 506(ii), 307, 326 and 201 read with Section 34 of the Indian Penal Code.

The learned counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and in fact the only allegation against him was that his vehicle was used for traveling of the accused persons for committing the crime and in fact he had already sold the vehicle and he was only the registered owner and so he could not produce the vehicle. He is prepared to furnish the name and address of the person to whom he had sold the vehicle as well. He was arrested on 13.03.2014 and he is in jail from that day onwards. He has already been released on bail in connection with crime No. 430 of 2014 of Pathanamthitta Police Station as per the orders of this Court.

The application was opposed by the public prosecutor on the ground that the investigation is not over and the other accused persons are yet to be arrested and the vehicle, which has been used for the commission of the offence, which stands in the name of the petitioner has not been produced so far.

Heard both sides and perused the case diary and file.

It is seen from the records that the above case was registered on the basis of the statement given by the de facto complainant, who is the injured in this case originally alleging the offences u/s 342, 324, 506, 307 read with section 34 of the Indian Penal Code against the two named persons alone. Thereafter it was revealed that there are other accused persons also involved in the crime and the vehicle belonged to the present petitioner has been used for the commission of the crime. Though, a notice was issued to the present petitioner to produce the vehicle, he did not produce the vehicle and so he was implicated as 5th accused in the case along with other accused persons and Section 120B, 364, 326 and 201 of the Indian Penal Code were also added. In fact the petitioner was arrested in connection with crime No. 430/2014 of Pathanamthitta Police Station, which was registered on the basis of the complaint given by the wife of the first accused alleging offences u/s 498A, 447 & 427 read with Section 34 of the Indian Penal Code and thereafter he was produced before Court on production warrant and he was also arrested in this case and thereafter remanded to custody. He was also given police custody for the purpose of interrogations on the basis of the application filed by the Investigating Officer in this case. So it is clear from this that he is in jail from 13.03.2014 onwards in connection with this crime as well. He is aged 70 years. He was granted bail by this Court as per in B.A. No. 2562 of 2014 dated 07.04.2014 in crime No. 430 of 2014 of Pathanamthitta Police Station. The only allegation against him was that he is the registered owner of the vehicle in which the accused persons traveled. But according to the counsel for the petitioner, he has already sold the vehicle and he is prepared to file an affidavit as part of the conditions disclosing the name and address of the person to whom the vehicle was sold along with the documents. Considering the circumstances and also considering the nature of the allegations made against the petitioner and the period trial detention already undergone and his age, this Court feels that bail can be granted to him with some stringent conditions. So the application is allowed with the following conditions:

The petitioner shall be released on bail on his executing a bond for a sum of Rs. 50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court-I, Pathanamthitta.

The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. And 10 a.m. For a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed.

The petitioner shall appear before the Investigating Officer for the purpose of interrogation as and when required in connection with the above crime in writing him to do so till the final report is filed.

The petitioner shall furnish the details of the person to whom he had alleged to have sold the vehicle in the form of an affidavit before the Judicial First Class Magistrate Court-I, Pathanamthitta along with the necessary documents to prove the same at the time when he moves to that Court for bail on the basis of the order of this court.

The petitioner shall not intimidate or influence the witnesses.

The petitioner shall not leave State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court-I, Pathanamthitta or from the court to which the case will be committed for trial till the disposal of the case.

With the above conditions the bail application is allowed.