Sajeesh @ Unnikuttan 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.

Petitioner is the 1st accused in Crime No.838/2022 of Pavaratty Police Station, Thrissur District, alleging offences punishable under Sections r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 02.10.2022, the accused in furtherance of their common intention trespassed into the house of the defacto 452, 427, 294(b) and 506(ii) complainant and after breaking the glasses of an autorikshaw, parked infront of the house, uttered obscene words and assaulted the defacto complainant with an iron pipe and thereby committed the offences alleged.

Sri.S.Rajit, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that the petitioner was arrested on 03.10.2022 and since has been in custody from that date, the continued detention is not essential.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious in nature and also that petitioner is involved in three other crimes and that releasing him on bail would prejudice the investigation.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 03.10.2022, I am of the view that 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:-

(a) 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.

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

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

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

(e) 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.