Shinu vs State Of Kerala

Viju Abraham , J.

This is an application for regular bail.

The petitioner is accused No.3 in Crime No.543/2022 of Nenmara Police Station, Palakkad District, alleging commission of offences punishable under Sections 426, 324 and 308 r/w Section 34 of Indian Penal Code and under Section 4(a), 1 of Explosive Substances Act.

The prosecution allegation is that, on 09.10.2022 at 19.00 hours, the accused herein along with two others came in a motor cycle and when motor cycle reached near to Forest Divisional Office, Nenmara it was about to hit a motor cycle bearing Reg.No.KL70 E 3261 driven by the defacto complainant which was coming in the same direction. When the defacto complainant questioned the accused, the 1st accused pelted stone towards him and inflicted injury nearby to his right eyebrow. Thereafter, accused Nos. 1 to 3 obtained the key from the defacto complainant and he could not travel. On the same day at 20.30 hours, at the same place, accused Nos.1 to 3 came in the same motor cycle and the 1st accused threw a lightened petrol bottle towards the defacto complainant. The bottle fell on the road and blasted and fire spread all over the area and thus the accused have committed the aforesaid offences.

4 .The learned counsel for the petitioner submitted that the petitioner is totally innocent of the charges levelled against him and that he has been falsely implicated in the above said crime. It is also submitted that no injury has been caused to the defacto complainant in the alleged incident and that it was the defacto complainant who has tried to attack the accused persons. It is further submitted that the petitioner is in custody from 11.10.2022 onwards and he has no other criminal antecedents.

The learned Public Prosecutor seriously opposed the bail application and submitted upon instructions that the petrol bottle was thrown on the defacto complainant by the 1st accused and the bottle fell on the road and blasted, causing spreading of fire in the area, but submitted that only minor injuries were sustained by the defacto complainant. It is further submitted that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 11.10.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a 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;

(ii) Petitioner shall appear before the investigating officer in Crime No.543/2022 of Nenmara Police Station, Palakkad District on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.543/2022 of Nenmara Police Station, Palakkad District;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.543/2022 of Nenmara Police Station, Palakkad District may file an application before the jurisdictional court, for cancellation of bail.