Sanath Kumar K vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure by the second accused in Crime No. 57/2024 of the Kasaragod Police Station, Kasaragod, registered against the accused (two in number), for allegedly committing the offences punishable under Sections 323, 324 and 307 r/w 34 of the Indian Penal Code. The petitioner was arrested on 13.01.2024.

The crux of the prosecution case is that: on 12.01.2024 at about 20.30 hours, the accused, in furtherance of their common intention, voluntarily caused hurt to the injured by hitting with an iron rod and soda bottle. The injured suffered grievous injuries and was admitted to the Intensive Care Unit. The accused attempted to commit the murder of the injured. Thus, the accused have committed the above offences.

Heard Sri.K.V Sabu, learned counsel appearing for the petitioner and Sri.C.S. Hrithwik., the learned Public Prosecutor appearing for the respondent.

The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. The petitioner has been in judicial custody since 13.01.2024. This is the second application filed by the petitioner. The investigation in this case is practically complete and the recovery has been effected. Therefore, the petitioner’s further detention is not necessary. Hence, the petitioner may be released on bail.

The learned Public Prosecutor seriously opposed the application. He contended that the petitioner along with the first accused had caused serious injuries to the injured. The injured was hospitalised in the Indiana Hospital & Heart Institute Ltd., Mangalore, since he had suffered the following injuries: 1) the fracture of the left external auditory canal; 2) the fracture of the right great trochanter of the femur, 3) subarachnoid haemorrhage right temporal lobe of the brain; 4) haemorrhagic contusions in the right frontal lobe of the brain, 5) haematoma over the left temporal region of the scalp; and also other lacerated injuries. The injuries 1, 2, 3 and 4 are grievous in nature. He contented that if the petitioner is let off on bail, there is every likelihood of him intimidating the witnesses and tampering with the evidence. Hence, the bail application may be dismissed.

On an evaluation of the facts, the materials placed on record, the rival submissions made across the bar, it is prima facie evident that it was the first accused who inflicted the grievous injuries on the injured. Taking into account the fact that the petitioner has been in judicial custody since 13.1.2024, that the investigation in the case is practically complete and that the recovery has been effected, I am of the definite view that the petitioner’s further detention is unnecessary. Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioner to 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, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].