Sandeep .J vs State Of Kerala

A. Badharudeen, J

Regular bail plea at the instance of the 8th accused in Crime No.272/2023 of Kundara Police Station, Kollam is the crux of this petition filed under Section 439 of the Code of Criminal Procedure.

Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the petition averments along with the documents furnished by the learned counsel for the petitioner. The case diary placed by the learned Public Prosecutor also is gone through.

The prosecution allegation is that accused herein formed into unlawful assembly armed with deadly weapons with knowledge that they are members of unlawful assembly and assaulted the defacto complainant at 21 hours on 11.02.2023 with intention to commit culpable homicide not amounting to murder, when the defacto complainant was dancing in front of a plot exhibition, in connection with the festival of Chirayil Madancavu Temple. The specific allegation is that accused 1 and 2 questioned the defacto complainant and other accused wrongfully restrained the defacto complainant and attacked him by using dangerous weapons. The further allegation is that accused 5 to 11 attacked Mubindas, Amal and Vishnu when they attempted to save the defacto complainant. It is on this premise the prosecution alleges commission of offences punishable under Sections 143, 147, 323, 341, 324, 308, 149 of the Indian Penal Code.

While pursuing regular bail to the petitioner, who is arrayed as the 8th accused in this crime, the learned counsel for the petitioner would submit that the petitioner is innocent and the allegations are false. It is pointed out that the petitioner did not involve in this crime and there is no overt act alleged against him. It is also pointed out that the petitioner has no criminal antecedents and investigation requiring his custody is practically over. Therefore, the petitioner may be released on bail and the petitioner is ready to abide any conditions to aid the investigation.

The learned Public Prosecutor opposed bail on the submission that accused 3 to 12 are the persons along with other identified accused wrongfully restrained and assaulted Mr.Ravishanth and thereby he sustained multiple injuries. Even though the Ravishanth and his friend survived, all of them sustained injuries. Therefore, the prosecution case is very well made out prima facie and in such a case the premature release of the petitioner would be fatal to the investigation.

On perusal of the available materials, the prosecution allegation is well made out and prosecution has a consistent case that the petitioner along with other accused manhandled the defacto complainant and his friends. As a result of the overt acts, Ravishanth sustained deep head injury and Mubindas sustained fracture on his hip bone and thereby offence under Section 325 IPC also has been incorporated. It is to be noticed further that as per the CCTV visuals also the presence of the petitioner at the place of occurrence and his overt acts were noticed by the Investigating Officer and accordingly he was arrested on 14.02.2023. Anyhow, no antecedents reported in relation to the petitioner.

Though the allegations are serious, the available materials would go to show that the investigation requiring the custody of the petitioner is practically over and his further custody for the purpose of investigation is not required. Therefore, he can be enlarged on bail.

In the result, this petition stands allowed. The petitioner is released on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of six weeks and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.