Sonu Aniyan vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the sole accused in Crime No.2423/2021 of Thiruvalla police station, alleging commission of offences under Sections 323, 324 and 326 of the Indian Penal Code.

Allegation against the petitioner is that on 05.12.2021, when the accused was travelling as a pillion rider along with the injured (who is a related to the petitioner), a quarrel took place between them and the accused attacked him, causing serious injuries to him. It is also alleged that the petitioner had pushed down the injured and hit him on his chest and that the attack of the petitioner resulted in a fracture on the scalp of the victim.

Learned counsel appearing for the petitioner submits that even going by the prosecution case, the petitioner and the injured were relatives and they were returning from a bar after consuming alcohol . It is submitted that a minor altercation took place between the petitioner and the injured and that the petitioner had no occasion to attack the victim as alleged. It is submitted that the injury was owing to a fall from the motor cycle and not owing to the attack of the petitioner. It is submitted that the petitioner has been in custody for 41 days and his continued detention is not necessary in the facts and circumstances of the case. It is also submitted that no criminal antecedents have been reported against the petitioner.

Learned Public Prosecutor submits that going by the statement given by the de facto complainant, who is also a relative of the petitioner, the petitioner had attacked the injured with a granite stone after stopping the bike and he had pushed down the injured and had attacked him again, as a result of which the injured suffered serious injures including the fracture of his scalp. It is submitted that the story now put forth by the petitioner that the injury caused to the victim was only on account of fall from the motor bike is not correct. It is submitted that the petitioner is not entitled to be released on bail at present.

Having regard to the facts and circumstances of the case and taking into account the fact that a final report has already been filed in the matter following investigation, I am of the opinion that the petitioner can be released on bail subject to strict conditions. I also take note of the fact that no criminal antecedents have been reported against the petitioner. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute 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.2423/2021 of Thiruvalla Police station as and when called upon to do so;

(iii) The petitioner shall not attempt to influence or intimidate the injured, the de facto complainant or any witness in Crime No.2423/2021 of Thiruvalla police station;

(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.2423/2021 of Thiruvallapolice station may file an application before the jurisdictional court, for cancellation of bail.