Shiju R.K vs State Of Kerala

Ziyad Rahman A.A., J

This is an application for regular bail filed under Section 439 of Criminal Procedure Code.

The petitioner is the 2nd accused in Crime No.619/2021 of Nedumkandom Police Station, Idukki District. The offences alleged against the petitioner

is under Section 143, 144, 294(b), 341, 324, 308, 506(ii) 427 r/w 149 of IPC. The case against the petitioner is that, he along with five other accused

persons formed into an unlawful assembly armed with deadly weapons and due to previous enmity towards the defacto complainant obstructed him on

01.08.2021 and hit him with an iron rod on his head. Accused Nos. 1 to 4 also damaged the jeep of the defacto complainant and thereby caused a loss

of Rs.16,000/- (Rupees Sixteen Thousand only). The petitioner was arrested on 01.08.2021 and remanded to judicial custody on 02.08.2021.

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

The learned counsel for the petitioner points out that, the registration of crime itself is on the basis of political rivalry and the petitioner is innocent of

all the allegations. He also points out that further incarceration of the petitioner is absolutely unnecessary as the investigation has progressed to a great

extent. It is also submitted that recovery is also effected.

On the other hand, the learned Public Prosecutor opposes the bail application and contends that he is likely to influence the witnesses and hence

seeks dismissal of the bail application.

Considering the totality of the circumstances, this Court is of the view that as the petitioner is in custody since 01.08.2021 and the investigation has

apparently progressed to a great extent, the petitioner can be released on bail subject to strict conditions so as to ensure that he is not interfering with

the investigation. In such circumstances, this bail application is allowed, the petitioner is released on bail subject to some conditions.

In the result, the application is allowed on the following conditions:-

 (i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the

satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

(iv) The petitioner shall also appear before the investigating officer as and when required by him.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with

the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.