Rajesh 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 sole accused in Crime No.540 of 2022 of Oachira Police Station, Kollam. The offences alleged against the petitioner are punishable under Sections 447, 436 and 427 of the Indian Penal Code, 1860.

According to the prosecution, on 27.07.2022 the accused trespassed into the residence of the defacto complainant and set fire to a scooter bearing registration No. KL 23/T 2712 parked inside the property and thereby committed the offences alleged.

Sri. K. Rakesh, the learned counsel for the petitioner contented that the entire prosecution case is false and that, since the petitioner was arrested on 27.07.2022, the continued detention is not required.

Smt. M.K. Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the petitioner has committed a very serious crime and does not deserve any leniency even in the matter of grant of bail.

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 27.07.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

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

(a) The 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) The petitioner shall co-operate with the trial of the case.

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

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

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.