Rayees Panambral Mangaladan vs State Of Kerala

Mohammed Nias C.P, J.

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

The petitioner is the accused in Crime No.1024/2023 of Kuthuparamba police station, registered for having committed offences under Sections 341, 323, 324, 506 and 308 of the Indian Penal Code.

The prosecution case is that on 11.11.2023 at 2.15 p.m., from the front side of the City Arcade Shopping Complex at Kuthuparamba, the accused, because of the grudge against the defacto complainant in requesting him to remove his car, assaulted the defacto complainant with a sharp weapon like an iron key on his left eyebrow and face, below the left eye. He had also assaulted him with his hands and legs and caused simple hurt and thereby the accused committed the above offences.

Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor for the State.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed the offence as alleged. In fact, the defacto complainant misbehaved with the wife of the petitioner. His wife was carrying their baby and the defacto complainant outraged the modesty of the petitioner's wife. All these things are recorded on the CCTV. But, the police is not ready to look into it. A false case is foisted against the petitioner by the Kuthuparamba police, he has no criminal antecedents and is ready to abide by any condition and prays for bail.

The Learned Public Prosecutor has opposed the bail application on the ground that the offences alleged are very grave. A poor Security Man was manhandled by the petitioner and assaulted with a sharp weapon. The petitioner is involved in Kuthuparamba Police Crime 450/2020 for the offence under Sections 323, 325 and 376 r/w Section 34 of the IPC. If the petitioner is released on bail at this stage, there is every chance of influencing and threatening the witnesses and also repeating the crime and seeks dismissal of the application.

Having considered the rival submissions and the submission of the learned counsel for the petitioner, the antecedent noted against the petitioner was under Section 376 of the IPC made by the wife of the accused and the matter was settled. There are no other offences alleged against him. Having perused the wound certificate and taking into account the fact the petitioner was in custody since 12.11.2023, I am inclined to grant bail to the petitioner subject to the following conditions:

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

ii. He shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months or as and when directed to appear.

iii. He shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence or do anything that might adversely affect the trial;

iv. He shall not commit any offence while on bail;

v. He shall not leave the Country without the permission of the Court having jurisdiction;

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