Simon vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioners are the accused in Crime No. 47 of 2022 of Neyyar Dam Police Station, Thiruvananthapuram District, alleging commission of offences under Sections 341, 323, 324, 326 & 308 of the Indian Penal Code.

The allegation against the petitioners, who are father and son, is that after a verbal duel between the de facto complainant and the petitioners, the 1st petitioner hurled a stone, which struck the de facto complainant and thereafter, attacked him with a chopper on his left shoulder. It is alleged that when the de facto complainant fell down, the 2nd petitioner caught hold of him and the 1st petitioner hit him on his nose and mouth using a stone, causing him serious injuries.

The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that the de facto complainant had actually attacked the petitioners while under the influence of alcohol and they had only prevented such attack. It is further submitted that the petitioners and the de facto complainant are neighbours and there exists a boundary dispute between them. It is submitted that the petitioners have been in custody from 21.01.2022 and that their continued detention is not necessary for the purpose of any investigation.

The learned Public Prosecutor opposes grant of bail. It is submitted that fairly serious injuries were caused to the de facto complainant. The wound certificate of the de facto complainant is referred to in this regard. It is submitted that going by the First Information Statement of the de facto complainant, while there are some disputes between the parties, the de facto complainant had been attacked by the petitioners without any provocation. It is further submitted that if the petitioners are released on bail, there is likelihood of similar issues being repeated between the petitioners and the de facto complainant, creating further law and order issues.

Having regard to the facts and circumstances of the case and considering the fact that the petitioners have been in custody for 42 days and since their continued detention may not be required for the purpose of investigation, I am of the view that the petitioners can be granted bail, subject to conditions. The apprehension expressed by the learned Public Prosecutor can be dealt with by imposing appropriate conditions.

In the result, the bail application is allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:

(a) The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(b)Petitioners shall appear before the investigating officer in Crime No. 47 of 2022 of Neyyar Dam Police Station, Thiruvananthapuram District, whenever called upon to do so;

(c) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 47 of 2022 of Neyyar Dam Police Station, Thiruvananthapuram District;

(d)The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 47 of 2022 of Neyyar Dam Police Station, Thiruvananthapuram District, may file an application before the jurisdictional court for cancellation of bail.