Sharan Shanku vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 1st accused in Crime No. 99 of 2022 of Punnapra Police Station, Alappuzha District, alleging commission of offences punishable under Sections 323, 324 & 326 r/w Section 34 of the Indian Penal Code.

The crux of the allegation against the petitioner is that owing to previous animosity with the de facto complainant, the petitioner along with the 2nd accused in the case, assaulted the de facto complainant using their hands and an iron rod, as a result of which, the de facto complainant suffered serious injuries. The previous animosity suggested is that the de facto complainant had earlier abused the mother of the petitioner herein using filthy language.

The learned counsel for the petitioner submits that the de facto complainant is a nuisance maker in the locality, where the petitioner is living. It is submitted that the de facto complainant had actually fallen down after being in an inebriated condition and there was only a wordy altercation between the petitioner and the de facto complainant regarding the incident where the de facto complainant had abused the mother of the petitioner in the manner indicated above. It is further submitted that even going by the First Information Statement, the de facto complainant had only slapped the de facto complainant and that the allegation of using the iron rod is against the 2nd accused in the case. It is pointed out that there is substantial delay in registering the First Information Report. It is also submitted that the petitioner has been in custody for 63 days and that his continued detention is not necessary for the purpose of any investigation.

The learned Public Prosecutor opposes the grant of bail. The circumstances of the case are pointed out from records. It is submitted that going by the contents of the First Information Statement, the petitioner has committed the offences alleged against him. It is further submitted that the de facto complainant suffered serious injuries including fracture of his rib bones owing to the attack by the petitioner and the other accused in the case. It is also submitted that the fact that the allegation of using iron rod is against the 2nd accused does not absolve the petitioner of liability in the matter, especially, since the de facto complainant was allegedly attacked at the instance of the petitioner herein. It is pointed out that the petitioner has criminal antecedents and that Crime No.1065/16 u/s 341, 294, 506 & 323 IPC; Crime No.643/16 u/s 341, 294 & 308 IPC; Crime No.340/21 u/s 294(b), 323, 324, 326, 308 & 34 IPC of Punnapra Police Station had been registered against the petitioner earlier. It is submitted that the petitioner is not entitled to be released on bail at this point of time.

Having regard to the facts and circumstances of the case and taking into account of the nature of allegations against the petitioner and considering the fact that the petitioner has been in custody for 63 days and also considering the fact that a final report has already been filed in the matter, I am of the view that the petitioner can be granted bail, subject to conditions.

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

(a) The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(b)Petitioner shall appear before the investigating officer in Crime No. 99 of 2022 of Punnapra Police Station, Alappuzha District, whenever called upon to do so;

(c) The petitioner shall not attempt to influence or intimidate the de facto complainant or any witness in Crime No. 99 of 2022 of Punnapra Police Station, Alappuzha District;

(d)The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 99 of 2022 of Punnapra Police Station, Alappuzha District, may file an application before the jurisdictional court for cancellation of bail.