Rejith vs State Of Kerala

A.Badharudeen,  J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the petitioners who are accused Nos.1 and 2 in Crime No.13 of 2023 of Pampa Police Station, Pathanamthitta.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

I have perused the relevant materials forming part of the case diary produced by the learned Public Prosecutor.

The prosecution allegation is that, at 7.45 p.m. on 04.02.2023, the accused herein, who reached in a Xylo Car, abused and obstructed the duty of Beat Forest Officer and his associates at Elavunkal Check Post, when the Forest Officials demanded checking of Xylo Car on doubt. On this premise, the prosecution alleges commission of offences punishable under Sections 294(b) and 353 r/w 34 of the Indian Penal Code.

The learned counsel for the petitioners would submit that the petitioners are innocent and the allegations are false. According to the learned counsel, since the petitioners have been in custody from 05.02.2023 and they are first time offenders, they are liable to be released on bail, taking note of the progress of investigation.

Whereas  the  learned  Public  Prosecutor zealously opposed premature release of the petitioners on bail, on the submission that, when the Beat Forest Officer as part of his official duty demanded checking of Xylo Car where, the petitioners were travelled, they have abused and obstructed the duty of the officials and therefore, the prosecution allegation is well made out prima facie. It is submitted by the learned Public Prosecutor that since the investigation of this case involving a serious crime is at the primitive stage, the petitioners cannot be released on bail, since the same would hamper the investigation.

On perusal of the available materials, the prosecution allegation as to commission of offences herein above referred is well made out prima facie and the attitude of the petitioners in obstructing the official duty of Forest Officials by refusing checking of car as part of official duty is a very serious matter and the same surmounts dubious circumstances. However, no antecedents reported insofar as the petitioners are concerned and the available materials would go to show that the investigation has achieved substantial progress. Therefore, I am inclined to release them on bail on conditions.

In the result, this petition stands allowed and they are released on bail on the following conditions:

i. The petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial.

iii. The petitioners shall appear before the Investigating Officer as and when directed, till completion of investigation.

iv. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade them from disclosing such facts to the court or to any police officer.

v. The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.