Sabi Kunjumon vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioners are the accused Nos.2 and 3 in Crime No.677/2022 of Koodal Police Station, Pathanamthitta District. The offences alleged against the petitioners are under Sections 294(b), 323, 341, and 354 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 25.09.2022, on account of a road rage, the accused blocked the vehicle of the defacto complainant and assaulted her after uttering obscene words and pressed on her breast and at the same time physically assaulted the son of the defacto complainant and thereby committed the offences alleged against them.

Sri.Nireesh Mathew, learned Counsel for the petitioners submitted that petitioners are accused 2 and 3 and no serious overt acts are alleged against them. It was also submitted that petitioners were arrested on 25.09.2022 and has been in custody since then.

Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that the prosecution allegations are serious in nature requiring continued detention

Taking note of the detention of the petitioner from 25.09.2022, and considering the entire circumstances, I am of the view that the petitioners can be released on bail on conditions.

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

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall appear before the Investigating Officer as and when required.

(c) Petitioners shall not enter into the jurisdictional limits of the Pathanamthitta Police Station, until completion of the trial.

(d) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence or contact the defacto complainant or her family members.

(e) Petitioners shall not commit any similar offences while they are on bail.

(f) Petitioners shall not leave India without the permission of the Court having jurisdiction.

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.