Sidhique vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.272/2022 of Chavara Police Station, Kollam District registered for offences under Sections 294(b), 326 and 506 of the Indian Penal Code, 1860.

Prosecution case is that on 04.04.2022, on account of animosity to the defacto complainant, the accused attacked the son of the defacto complainant with a chopper causing serious injuries including fracture of the nose as well as the jaw and thereby the accused committed the offences alleged.

Sri.TM.Raman Kartha, the learned counsel for the petitioner contended that the entire prosecution case is false and that incident did not occur as alleged. According to him, even the injuries noted in the FIR are contrary to reality. It was submitted that petitioner was arrested on 17.05.2022 and has been custody since then.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and submitted that serious injuries have been occasioned to the son of the defacto complainant including fracture of the nasal bone and partial loss of the left incisor and thus grievous hurt had been caused to the injured.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 18.05.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(i) Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

(ii) Petitioner shall appear before the Investigating Officer as and when required.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or his family members.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.