Rajeev Kumar vs State Of Kerala

Ziyad Rahman A.A, J

This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.385 of 2023 of Kadakkal Police Station. The offences alleged against the petitioner are under Sections 341, 294(b), 323, 324, 506(ii), 354 and 307 IPC.

The prosecution case is that, on 04.03.2023 at about 4.30 PM, the petitioner caught hold of the hand of the mother of the defacto complainant and thereby wrongfully restrained her. When the de facto complainant intervened and questioned the said act, the accused caused hurt to her with a spade, with the intention to kill her. The dress worn by the mother of the de facto

complainant was torn off by the petitioner with the intention to outrage her modesty. The crime was registered in such circumstances. The petitioner was arrested in connection with the investigation of the said case on 04.03.2023 and since then he has been under judicial custody. Even though he submitted an application for bail before the jurisdictional court, the same was dismissed and this application is submitted in such circumstances.

Heard Sri. K.V. Anil Kumar, learned counsel for the petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor for the State.

The contention put forward by the learned counsel for the petitioner is that he is innocent of all the allegations. According to him, the aforesaid complaint was submitted with false allegations, on account of certain enmity between the de facto complainant and the petitioner. The petitioner and the de facto complainant are neighbours. Earlier, as the de facto complainant’s husband attacked the petitioner in the year, 2020, they were not in good terms. On the date of occurrence of the incident, the mother of the de facto complainant obstructed the agricultural activity carried out by the petitioner and this resulted in a scuffle between them and the injury was sustained by the victim during the course of the same, contends the learned counsel for the petitioner. The petitioner further submits that he is prepared to abide by any condition that may be imposed by this Court.

On the other hand, the learned Public Prosecutor would oppose the bail application. It is pointed out that, the materials available on record would indicate the commission of the offence by the petitioner. On account of the assault committed by the petitioner, two persons, i.e., the de facto complainant and her mother, have sustained injuries and in their wound certificates also, the cause of the injury was shown as the assault by a person. It is pointed out that the matter is now under investigation. Therefore, the dismissal of the bail application was sought.

I have gone through the records and heard the contentions raised by either side. It is true that there are certain allegations against the petitioner for committing the offence, as revealed from the statements of the victims. However, the case of the petitioner is that the aforesaid incident occurred during the course of the scuffle which arose between the parties, as he was obstructed by the mother of the de facto complainant from carrying out the agricultural activities, due to some previous animosity. It is also submitted that he also sustained some injuries.

As far as the criminal antecedents of the petitioner are concerned, he was involved in a crime registered under Section 15(C) of the Abkari Act, which by itself is not a serious offence. In such circumstances, taking into account the fact that the petitioner is under custody since 04.03.2023, I am of the view that, the petitioner can be released on bail. It is also discernible that, there is substantial progress in the investigation and the weapon allegedly used by the petitioner is also recovered.

In such circumstances, this bail application is allowed. The petitioner is directed to be released on bail subject to the following conditions:

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Tuesday until the filing of the final report.

(iv) The petitioner shall also appear before the investigating officer as and when required by him.

(v) The petitioner shall not commit any offence of similar nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave the State of Kerala without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law..