Sreekumar 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.10/2022 of Nooranadu Police Station, Alappuzha District alleging offences under Sections 341, 326A and 326 of the Indian Penal Code, 1860.

According to the prosecution, petitioner who is the husband of the victim, after doubting her chastity, threw acid on her on 06.01.2022 at 2.45 p.m.and thereby she sustained burn injuries on her face, chest and also lost her left eye sight completely and right eye sight partially and thereby committed the offences alleged against him.

Sri.Sarin, the learned counsel for the petitioner submitted that the prosecution case is false and that the attempt of the prosecution is to save the real culprit. It is further submitted that in any event, the offence alleged would not fall under Section 326 IPC and at the most can come only under Section 326B, since no grievous hurt had been caused to the victim.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and submitted that the act committed by the petitioner is very serious and that the offence clearly falls within the purview of Section 326A IPC.

On 11.07.2022, the victim appeared before this Court and pleaded for releasing the petitioner on bail. Since no visible deformity was noticed by the Court on the face of the victim, a Medical Board was directed to be constituted to submit a report before this Court relating to the injuries on the victim. Accordingly, a Medical Board was constituted on 18.07.2022 and a report has been made available. The report reveals the following :-

“We have examined Mrs. Bindu, W/o. Sreekumar, Nooranad, Alappuzha District as instructed by Superintendent, Govt. TDMCH, Alappuzha Vide Letter No.D2/10694/22/TDMCA dated 14.07.2022 (Bail Application No.4989 of 2022) alleges Vitriolage (acid throwing) on her face, neck and chest on 06.01.2022. She states that her husband has thrown a diluted rubber acid solution on her face which dripped over to neck and chest.

On Examination

• No active sign of burns or scalds now.

• Depigmented patches mainly on both Pectoral Region of chest with repigmenting spots.

• A few depigmented macules above and lateral to left orbit. No similar changes noted elsewhere.

Ophthalmology

She was admitted in Ophthalmology IP No.891 from 06.01.2022 to 21.01.2022 for recovery. She presented with epithelial defect RE with limbal ischemia. DUAS grade V and near total epithelial Defect with 360 degree limbal ischemia Left DUAS GRADE VI injury. She improved with medication and Bandage Contact lens Left Eye. At present Visual Acuity RE 6/6, LE-6/12. Patient has inferior corneal opacity with vascularisation. No other abnormalities are detected. 10% visual disability now.”

As per the above report, the injuries now remaining on the victim are few depigmented patches apart from 10% visual disability.

It is further submitted that the final report in this case has already been filed and the case is pending trial as SC.No.528/2022 on the files of the Assistant Sessions Court, Mavelikkara.

Taking into consideration the circumstances mentioned above, including the nature of injuries on the victim, I am of the view that petitioner is entitled to be released on bail.

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

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.