Santhoshkumar 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 sole accused in Crime No.629/2022 of Pooyappally Police Station, Kollam alleging offences under sections 294(b) and 326 A of the Indian Penal Code, 1860.

According to the prosecution, on 25.04.2022, at 3.00 a.m., petitioner poured acid, kept for rubber tapping, on the victim, who is none other than his wife and thereby committed the offences alleged. Petitioner was arrested on 26.04.2022 and has been in custody since then.

Sri.K.T.Thomas, the learned counsel for the petitioner contended that the prosecution case is false and that the entire incident, as alleged had not occurred. It was further submitted that the continued detention of the petitioner is not warranted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that petitioner is alleged to have committed a serious offence and that releasing him on bail would be a threat to the victim herself.

During the course of the proceedings, the victim appeared before this Court and pleaded for release of the petitioner on bail. It was further submitted that the nature of the injury inflicted on her was superficial and very minor. Taking heed to the aforesaid submissions and to ascertain the veracity of the said statements, this Court by order dated 01.08.2022 directed the Investigating Officer to produce the victim before the Medical Board and to file a report regarding the nature of injuries. The report dated 10.08.2022, as directed by this Court is placed on record. It is stated in the report as follows :-

“The Medical Board examined Mrs.Girija, aged 45 years, female an acid burn victim, on 10.08.25022 at 11.35 a.m. and found that she has healed superficial burn less than 1% (one) on the right side of face and neck. There is no appreciable deformities or contractures. She has mild restrictions in mouth opening”.

On a perusal of nature of the injuries as stated by the Medical Board, I am of the view that continued detention of the petitioner may not be essential, especially since final report has already been filed and the matter is pending before the Additional Sessions Court, Kollam as SC.No.1529/2022. Accordingly, the petitioner is set at liberty 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 co-operate with the trial of the case.

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

(d) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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, notstanding the bail having been granted by this Court.