Sajan 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 5th accused in Crime No.238/2022 of Venmani Police Station. The offences alleged against the petitioner are under Sections 143, 146, 148, 447, 323, 326, 506 r/w Section 149 of the Indian Penal Code, 1860.

The prosecution allegation is that, because of the animosity against the defacto complainant, the accused 1 to 6 formed themselves into an unlawful assembly and the 1st accused attacked the defacto complainant with an iron rod causing fracture of the facial bone, while the 2nd accused threatened the defacto complainant’s wife with a sword and assaulted both of them, while the remaining accused beat the defacto complainant with hands and thereby committed the offences alleged against them.

Sri.K.V.Anil Kumar learned Counsel for the petitioner submitted that entire case is falsely foisted against the petitioner and that he is totally innocent. It was further pointed out that even if the entire prosecution case is admitted, still there is no specific overt act as alleged, against the petitioner.

Sri.K.A.Noushad, learned Public Prosecutor, on the other hand opposed the grant of bail and submitted that petitioner was a member of the unlawful assembly and committed serious offences causing injuries which resulted in fracture of the facial bone.

Having considered the rival contentions and on a perusal of the records of the case, I find that, no serious injury is caused to the victims on account of any specific overt act on the part of the petitioner. While specific overt acts are alleged as against the other accused, no such overt act is alleged against the petitioner. In view of the above, the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(i) 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or his family members.

(iv) Petitioner  shall not commit any similar offences while he is on bail.

(v) Petitioner 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.