Sasikumar vs State Of Kerala

C.S.Dias, J

This application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the first accused in crime No.1665/2023 of the Ochira Police Station, Kollam, registered against the accused (2 in number) for allegedly committing the offences punishable under Secs.294(b), 323, 324, 326 read with Sec.34 of the Indian Penal Code.

The prosecution case, in brief, is that: on 28.11.2023 at about 18.00 hours, while the defacto complainant was walking through the road in front of the residence of the first accused, the first accused came on his scooter with his wife and the second accused on the pillion and hit the defacto complainant from behind. The defacto complainant fell on the ground and then the first accused uttered obscene words and hit the defacto complainant using a walking stick. Subsequently, the second accused sat on the body of the defacto complainant and slapped him on his face. Thus, the accused have committed the above offences.

Heard; Sri. Joseph George, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor appearing for the respondent.

The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusation levelled against him. The petitioner has been falsely implicated in the crime. In fact, the petitioner had moved this Court for an order of pre-arrest bail. But, by Annexure A-2 order, this Court dismissed the application with a direction to the petitioner to surrender before the Investigating Officer. Consequent to Annexure A-2 order, the petitioner surrendered before the Investigating Officer and, thereafter, his application for regular bail was dismissed by the learned Magistrate as per Annexure A-3 order dated 16.01.2024. The petitioner is in judicial custody since 16.01.2024. The Investigating Officer has not sought for his police custody. The investigation, insofar as the petitioner is concerned, is practically complete. There is no recovery to be effected. The petitioner's continued detention is unnecessary. The petitioner has been suffering from various ailments. The petitioner is willing to abide by any stringent condition that may be imposed by this Court. Hence, the application may be allowed.

The learned Public Prosecutor opposed the application. She contended that the investigation is in progress. The second accused has only surrendered on 23.01.2024. If the petitioner is let off on bail, there is every likelihood of him tampering with the evidence and intimidating the witnesses. Therefore, the application may be dismissed.

After bestowing my anxious consideration to the materials placed on record, particularly taking note of the fact that the petitioner surrendered before the investigating officer pursuant to the direction passed by this Court in Annexure A-2 order and that he is in judicial custody since 16.01.2024 as per Annexure A-3 order and that the investigation in the case, insofar as the petitioner is concerned, is practically complete and there is no recovery to be effected, I am of the definite view that the petitioner is entitled to be released on bail, but subject to stringent conditions. Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioners to be released on bail on his 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 two months 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 they are 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].