Satheesan.P.P vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused Nos.5,8 and 11 in crime No.1254/2023 of the Pazhayangadi Police Station, Kannur, registered against the accused (fourteen in number) alleging them to have committed the offences punishable under Secs.143, 147,148, 341, 323, 324 and 307 read with Sec.149 of the Indian Penal Code. The petitioners were arrested on 28.12.2023.

The prosecution case, in brief, is that: On 20.11.2023 at 17.30 hours, the accused 1 to 14 and twenty identifiable persons, with an intention to commit an offence formed an unlawful assembly with deadly weapons and wrongfully restrained one Sudheesh Vellachal with an intention to cause his death and beat him with a helmet, plant pot and iron stick and caused injuries to him. Thus, the accused have committed the above offences.

Heard; Sri.M.Sasindran, the learned counsel appearing for the petitioners and Smt.Seetha.S, the learned Public Prosecutor appearing for the respondents.

The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. They have been falsely implicated in the crime. By Annexure-AIV order in BA No.10762/2023 dated 15.12.2023, this Court has enlarged the accused 1 to 3 and 6 on bail. The petitioners are similarly situated to the said accused. The petitioners are willing to abide by any condition imposed by this Court. Hence, the petitioner may be released on bail.

The learned Public Prosecutor opposed the application. Nonetheless, she conceded to the fact that this Court has already enlarged accused 1 to 3 and 6 on bail by Annexure-AIV order.

After bestowing my anxious consideration to the materials placed on record and taking into account the fact that the petitioners have been in judicial custody since 28.12.2023 and this Court has already granted bail to the accused 1 to 3 and 6 by Annexure-AIV order and the petitioners are also similarly placed to the above accused, I am of the view that the petitioners are also entitled to be released on bail subject to stringent conditions.

In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.1,00,000/- (Rupees one lakh 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 petitioners shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m for a period of three months or till the final report is laid, whichever is earlier. And they shall also appear before the Investigating Officer as and when required;

(ii) The petitioners 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 them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioners shall not commit any offence while they are on bail;

(iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passport, they shall file affidavits 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 petitioners even while the petitioners are 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].