Stephen vs State Of Kerala

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.507/2021 of Kayamkulam Police Station. The offences alleged against the petitioner are under Sections

294(b), 324, 326 and 447 of IPC.

The allegation against the petitioner is that, on 13.04.2021 at about 9.15 am. the petitioner trespassed into the property of the defacto complainant

and abused him and caused fracture on the nose and face of the defacto complainant by hitting with a piece of stone and thereby committed the

offences.

The petitioner was arrested on 26.04.2021 and he is in judicial custody since then.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that, there is a civil dispure pending between the parties. The said suit is numbered as

O.S.No.191/2021 before the Munsiff Court, Kayamkulam and which was filed by the petitioner herein. In the said suit an Advocate Commissioner

was appointed and the Advocate Commissioner visited the property on 12.04.2021. According to the learned counsel this incident provoked the

defacto complainant and this resulted in the scuffle between the parties on 13.04.2021.

On the other hand, the learned Public Prosecutor opposed the said application and insisted for dismissal of the bail application.

From the perusal of the records, it is evident that there is a civil dispute between the parties. The incident which is the subject matter of this crime,

had stemmed up from the above civil dispute. The petitioner is a person aged 62 years and it is reported that he is already having some health issues

and he is undergoing treatment.

It is also a relevant aspect to notice that, on account of the alarming situation prevailing in the State owing to wide spread of COVID-19 Pandemic,

the Government is taking measures to de-congest the prisons so as to enable the authorities concerned to maintain social distancing within the prisons.

As part of the said initiative, they have issued G.O(Rt)No.1311/2021/HOME dated 05/05/2021, directing the authorities concerned to grant parole to

eligible inmates of the Prisons in the State, subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional Services (Management)

Rules 2014. The Honourable Supreme Court also, vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No 1/2020 issued various directions for

minimizing the strength of inmates in prisons. In my view, the above aspects are also very much relevant while considering this bail application.

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

(i) The petitioner shall be released on bail on executing 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 investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

However, it is made clear that, this requirement shall stand suspended during the period of lock down declared by the Government or any other

competent authorities in this regard.

(iv) The petitioner shall also appear before the investigating officer as and when required by him.

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

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try

to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.