Shiju vs State Of Kerala

A.Badharudeen, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the petitioner who is the fourth accused in Crime No.981 of 2022 of Chathannoor Police Station, Kollam.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

I have perused the relevant materials forming part of the case diary produced by the learned Public Prosecutor.

The allegation of the prosecution is that, at about 2.30 hours on 30.11.2022, accused in this case wrongfully restrained the defacto complainant, when the defacto complainant reached at Koshnakkavu after visiting her lover at her house. That apart, Vijil beat on his left cheek, Ali caught hold on his neck and beat on his back side repeatedly. Further, the accused herein snatched away 1¼ sovereign gold chain with the locket of Lord 'Lekshmidevi' and threatened him with dire consequences. On this premise, the prosecution alleges commission of offences punishable under Sections 341, 294(b), 323, 506 and 395 of the Indian Penal Code.

While pressing for regular bail to the petitioner, who is the fourth accused, who has been in custody from 02.02.2023, the learned counsel for the petitioner submitted that, when the defacto complainant's presence at the place of occurrence in a doubtful circumstances was noticed, that too, on doubting an illicit activity, the same was questioned and there occurred a scuffle. Therefore, the petitioner herein is innocent and the allegations are false. Highlighting his custody from 02.02.2023, the learned counsel for the petitioner pursued the relief of regular bail.

Whereas the learned Public Prosecutor highlighted the seriousness of the offences alleged to be committed and also submitted that allegations are serious. According to the learned Public Prosecutor, since the investigation is at the primitive stage, the petitioner is not liable to be released on bail at this stage. He also pointed out that the petitioner is having criminal antecedents and he has involvement in two more crimes as listed hereunder:

Chathanoor PS Cr.530/22 U/s.294(b), 341, 323, 324, 332, 353, 354 & 34 IPC.

Chathanoor PS Cr.575/2019 U/s.323, 294(b), 332 r/w 34 IPC & 3(2) of PDPP Act.

Going through the report of the Investigating Officer and the relevant materials, the prosecution case is well made out. As per the report, it is discernible that 1¼ sovereign gold chain with the locket of Lord 'Lekshmidevi' was recovered as part of investigation and this petitioner was arrested only on 02.02.2023, since he absconded after commission of the crime. The presence of the accused at the place of occurrence at odd hours would go to show that the petitioner voluntarily stood there with intention to commit the overt acts against the defacto complainant. Therefore, the allegations are very serious and the same would require effective investigation. It is noted that this the third crime where, the involvement of the petitioner is reported and the second crime of the year 2022. This attitude of the petitioner is noted with extreme displeasure. Therefore, considering the fact that the petitioner has been in custody from 02.02.2023 onwards, he can be enlarged on bail by imposing stringent conditions and one among the conditions is that the petitioner shall not involve or indulge in any offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same by itself shall be a reason to cancel the bail hereby granted.

In the result, this petition stands allowed and he is released on bail on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Magistrate court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed and he shall appear before the Investigating Officer on all Wednesdays in between 10.00 a.m. and 1.00 p.m. for a period of six weeks.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not leave India without prior permission of the trial court.

vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same by itself shall be a reason to cancel the bail hereby granted.