Shibu vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the first accused in Crime No.365/2023 of Naruvamoodu Police Station, Thiruvananthapuram District alleging offences punishable under Sections 294(b), 323, 324, 326, 452, 447 and 307 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, out of a prior enmity with the defacto complainant, the first accused trespassed into his house on 24.03.2023 along with the other accused and attacked him with a steel pipe inflicting injuries on the head, shoulder and fingers, and thereby committed the offences.

Sri.Godwin Joseph, the learned counsel submitted that petitioner is the brother-in-law of the defacto complainant and that his sister was being subjected to severe domestic violence. It was further submitted that due to the said violence, the petitioner, as a brother, had only questioned the defacto complainant, and thereafter he has been falsely arrayed as an accused in the crime. It was also submitted that the allegations are false and the petitioner has no role in the crime. It was submitted that petitioner was arrested on 24.05.2023 and that he has been in custody since then.

Smt.Sreeja V., the learned Public Prosecutor, opposed the application and submitted that petitioner had brutally assaulted the defacto complainant and that serious injuries had been inflicted upon him. It was also submitted that there were two fractures on the body of the defacto complainant and therefore, petitioner ought not to be released on bail.

I have considered the rival contentions and have perused the First Information Statement as well as the wound certificate.

Even though the injuries allegedly inflicted upon the defacto complainant are serious in nature, which includes a fracture on his thigh bone, considering the period of detention already undergone and also the nature of relationship between the petitioner and the defacto complainant including the allegation of domestic violence, I am of the view that further detention of the petitioner is not essential. Therefore, petitioner is entitled to be released on bail on strict conditions.

In the result, this application is allowed 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 appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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

(e) Petitioner  shall  not  leave  India  without  the permission of the Court having jurisdiction.

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, notwithstanding the bail having been granted by this Court.