Saju vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.19/2022 of Maranalloor Police Station, Thiruvananthapuram District alleging commission of offences under Sections 452, 294 (b), 324, 506 (ii), 427 & 308 read with Section 34 of the Indian Penal Code and Section.

The allegation against the petitioner is that on 08-01-2022 the petitioner along with other accused in the case tresspassed into the house of the de facto complainant and attacked him. It is submitted that the petitioner broke open the bedroom of the house of de facto complainant and after mouthing obscenities hit the de facto complainant on his head using an iron rod. It is alleged that the de facto complainant had defended the attack with his hands as a result of which he sustained an injury on his hand. It is alleged that had the de facto complainant not evaded the same could have resulted in his death and thereby the petitioner committed the offence punishable under Section 308 of the IPC.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the allegations are raised on the basis of some other dispute between the petitioner and the de facto complainant. It is submitted that the injuries sustained by the de facto complainant are not serious and unnecessarily non-bailable offences were incorporated. It is submitted that the petitioner is in custody for 55 days and his continued detention is not necessary for the the purpose of any investigation.

The learned Public Prosecutor opposes the grant of bail principally on the ground that the petitioner has several criminal antecedents as many as 10 cases registered against him earlier. It is submitted that grant of bail to the petitioner may not be conducive to the prosecution.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 55 days, I am inclined to grant bail to the petitioner, especially taking note of the submission of the learned counsel for the petitioner that the petitioner is a reformed criminal and no cases have been registered against him after the year 2019. However, considering the criminal antecedents of the petitioner strict conditions have to be imposed while granting bail to the petitioner.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.19/2022 of Maranalloor Police Station at 11 a.m on every alternate days until further orders;

(iii) The petitioner shall not interfere with the investigation or influence or intimidate the de facto complainant or any witness in Crime No.19/2022 of Maranalloor Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.19/2022 of Maranalloor Police Station may file an application before the jurisdictional Court for cancellation of bail.