Ratheesh vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioners are the accused Nos.1 and 2 in Crime No.39/2022 of Malampuzha Police Station,Palakkad District alleging commission of offences under Sections 143, 147, 148, 324, 506, 427 & 308 r/w. Section 34 of the Indian Penal Code and Section 3 r/w. Section 5 of the Kerala Prevention of Damages to Private Property and Pay of Compensation Act, 2019 (hereinafter referred to as the 'Act' for short).

The allegation against the petitioners is that on 6.2.2022 at about 11.30 a.m., the petitioners along with the others totally numbering 20 formed themselves into an unlawful assembly and criminally intimidated the de facto complainant and thrashed the de facto complainant with a stick and also hit him on his head with a beer bottle. It is also alleged that the petitioners along with the other accused had damaged the window glass of the house of the de faccto complainant by hurling stones.

The learned counsel for the petitioners submits that the only non-bailable offence alleged against the petitioners under the provisions of the Indian Penal Code is that under Section 308 of the Indian Penal Code. It is submitted that, at any rate, that offence is not attracted as the allegation is that if the stone, which was thrown at the windowpane of the house, had hit the de facto complainant, that would have resulted in his death. The offence under the Act, though non-bailable, is also not attracted, is the submission of the learned counsel. It is submitted that it was the de facto complainant, who had picked up a quarrel with the petitioners and others, who were returning after a temple festival, asking them as to why they were making noise. It is submitted that the petitioners had no occasion whatsoever to attack the de facto complainant as alleged. It is submitted that the petitioners have been in custody for the last 26 days and that their continued detention is not required for the purposes of any investigation.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. It is pointed out that there are clear allegations against the petitioners herein and the main overt acts are alleged against the petitioners herein. It is submitted that going by the contents of the First Information Statement, the 1st accused thrashed the de facto complainant using a stick and the 2nd accused had hit him on his head using a beer bottle. It is submitted that there is a lacerated injury on the forehead of the de facto complainant which suggests that the allegation of attack with a beer bottle appears to be correct. It is submitted that the allegations against the petitioners are serious.

Having regard to the facts and circumstances of the case and considering the nature of the allegations raised against the petitioners and also considering the fact that no criminal antecedents are reported against the petitioners, I am of the opinion that they can be directed to be released on bail especially since they have been in custody for the past 26 days and since their continued detention may not be necessary for the purposes of investigation.

In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The  petitioners  shall  execute  separate  bonds  for  sums  of  Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioners shall report before the Investigating officer in Crime No. 39/2022 of Malampuzha Police Station as and when called upon to do so;

(iii) The petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 39/2022 of Malampuzha Police Station;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.39/2022 of Malampuzha Police Station, may file an application before the jurisdictional Court for cancellation of bail.