Shaju vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioners are the accused in Crime No.482 of 2021 of Katoor Police Station, Thrissur District, alleging commission of offences under Sections 450, 323, 326, 201, 342, 307 and 302 read with Section 34 of the Indian Penal Code.

The gist of the allegation against the petitioners, who are brothers, is that they, accompanied by their wifes, who are accused Nos.3 and 4, had gone to the house of the de-facto complainant armed with deadly weapons like iron rod and spade on account of enmity arising out of the alleged failure of the de-facto complainant to vacate the rented house of the 4th accused and failure to pay rent and the agreed advance amount. It is alleged that the 2nd accused had beaten the wife of the de-facto complainant and accused Nos.3 and 4 had dragged her to a room and locked her. It is alleged that when accused Nos.1 and 2 were arguing with the complainant's son Swaroop in the courtyard of the rented house, the de-facto complainant and his other son Sooraj came there in a car and the accused No.1 hit the complainant Sasidharan on his head with an iron rod. The 2nd accused had also beaten Sooraj on his head and other parts of the body with the spade. The 1st accused had also beaten Sooraj with the iron rod on his head and leg. The other son of the de-facto complainant, Swaroop, was also assaulted by the 1st and 2nd accused.

The learned counsel for the petitioners submits that this Court had through order dated 01.11.2021 in Bail Application No.7997 of 2021, rejected the bail application on the finding that the investigation in the matter is only progressing and that the grant of bail may affect the investigation. It is submitted that the investigation has now been completed and the final report has already been filed. In the circumstances, he submits that bail may be granted to the petitioners also considering the fact that they have been in custody from 21.08.2021.

The learned Public Prosecutor, on instructions, submits that though the final report has been filed, the material witnesses in the case are all residents of the same locality and there is every chance that the witnesses may be influenced and intimidated if the petitioners are granted bail. He submits that considering the nature of allegations against the petitioners and the injuries on the de-facto complainant and his family members, the petitioners are not entitled to bail.

Having considered the facts and circumstances of the case and taking into consideration of the fact that the final report has already been filed in the matter and also considering the fact that on an earlier occasion application for bail was rejected on the ground that the investigation was only progressing, I am of the view that the petitioners can be released on bail subject to strict conditions to ensure that they do not influence any witness in the matter.

In the result, this bail application is allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(1) Petitioners shall execute bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioners shall not attempt to or to influence or intimidate the de-facto complainant or any witness in Crime No.482 of 2021 of Katoor Police Station, Thrissur District;

(3) Petitioners shall not enter the local limits of the Katoor Police Station where the de facto complainant is residing;

(4) Petitioners shall surrender their passport before the Jurisdictional Magistrate. If they or any one among them do not have a passport an affidavit shall be executed to that effect. Such affidavit shall be filed before the said court within seven days of release on bail.

(5) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.482 of 2021 of Katoor Police Station, Thrissur District, may file an application before the Jurisdictional Magistrate for cancellation of bail.