Shiju .S 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 petitioners who are accused Nos.1, 2, 4 and 6 in Crime No.32 of 2023 of Neyyardam Police Station, Thiruvananthapuram.

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

I have perused the case diary along with the report produced by the learned Public Prosecutor.

The prosecution case emanates on the premise that, at about 9.30 p.m. on 15.01.2023, the accused herein formed into unlawful assembly armed with deadly weapons with knowledge that they are all members of the said assembly, with common object to commit murder of the defacto complainant, then they wrongfully restrained the defacto complainant and assaulted him. On this premise, the prosecution alleges commission of offences punishable under Sections 143, 147, 148, 294(b), 341, 323, 324, 326 and 307 r/w 149 of the Indian Penal Code.

According to the learned counsel for the petitioners, the petitioners are innocent and the allegations against them are false. It is submitted that the defacto complainant under intoxication of alcohol, tried to sexually assault the wife of the first accused and the petitioners intervened to save the wife and there occurred a scuffle. On the complaint of the wife of the defacto complainant, a counter case was registered alleging commission of offences under Sections 294(b), 451, 506(i), 323, 354(B) and 354 of IPC as well as under Section 3(i)(r) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

Highlighting the above fact along with the custody of the petitioners from 18.01.2023 onwards, the learned counsel pursued the relief of regular bail. Whereas the learned Public Prosecutor opposed bail highlighting the seriousness of the offences and the primitive stage of investigation.

On perusal of the case diary, it is discernible that the accused in this case assaulted the defacto complainant and the first accused hit on his left eye with an iron hammer and the same caused serious injuries to him. The second accused beat on the head of the defacto complainant by using log pieces and all other accused jointly manhandled and thereby, the defacto complainant sustained multiple injuries, though he survived.

In the wound certificate of the defacto complainant, multiple injuries on the head and left eye with nasal bleeding noticed and thereby, the allegation against the petitioners is well established prima facie. No antecedents reported insofar as the petitioners are concerned. Since the petitioners have been in custody from 18.01.2023 and taking note of the progress of investigation, they can be enlarged on bail on conditions.

Therefore, this petition stands allowed and they are released on bail on the following conditions:

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

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

iii. The petitioners shall appear before the Investigating Officer as and when directed.

iv. The petitioners 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 them from disclosing such facts to the court or to any police officer.

v. The petitioners shall not leave India without the permission of the jurisdictional court.

vi. The petitioners 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 shall be a reason to cancel the bail hereby granted.