Shyam Gosh vs State Of Kerala

P. Krishna Kumar , J

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Petitioner is the 1st accused in Crime No.2123 of 2024 of Ambalappuzha Police Station. The above case is registered against the petitioner alleging offences punishable under Section 189 (2), 191(2), 193(2), 190, 118(1), 118(2), 296(2) and 109 of Bharatiya Nyaya Sanhita, 2023 (BNS).

The prosecution case is that the petitioner had beaten the de facto complainant on his shoulders and his friend, namely Francis on his head with a wooden piece and uttered obscene words against him, thereby committed the aforesaid offences.

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

The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the petitioner with the alleged crime; hence he is entitled to get bail.

On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the petitioner, and he is not entitled to bail at this stage.

The petitioner was arrested on 14.11.2024. The investigating agency had the opportunity to take the petitioner in police custody. From the submission of both sides, it appears that the investigation of the case is now in an advanced stage. The investigating agency did not show any acceptable reasons for justifying further detention of the petitioner. The anxiety expressed by the learned Public Prosecutor that the accused would interfere with the process of investigation if released on bail, can be addressed by imposing suitable conditions. Having considered the entire circumstances, including the stage of the investigation and the tenure of judicial custody undergone by the petitioner in the touchstone of the well settled principles relating to bail, it is only just and proper to release the petitioner on bail.

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

(i) The petitioner shall be released on bail on execution 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 investigation officer between 10 a.m. and 11 a.m. on every Saturday for a period of two months or till filing charge sheet, whichever is earlier. He shall also appear before the investigation officer as and when a notice in writing is issued by the investigating officer.

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

(v)The petitioner shall not interact with the prosecution witnesses, directly or through any other person, or in any other way influence any witnesses or other persons related to the investigation and he shall not tamper with the evidence.

(vi) The petitioner shall not leave Kerala without the permission of the trial court.

The application, if any, for detention/modification of the bail conditions or cancellation of bail on the ground of violating the bail conditions can be entertained by the jurisdictional court, if it is found necessary.