Subin vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 2nd accused in Crime No.10 of 2022 of Anchal Police Station, Kollam District, alleging commission of offences under Sections

341, 294(b), 323, 324, 326, 427, 447 and 308 read with Section 34 of the Indian Penal Code. The allegation against the petitioner is that he along with

the other accused in the case wrongfully restrained the de-facto complainant and assaulted him using an iron board. It is alleged that when one of the

relatives of the de-facto complainant had intervened and blocked another blow aimed at the de-facto complainant, he suffered a fracture to his right

wrist. It is alleged that if the relative of the de-facto complainant had not blocked the blow, the same could have resulted in the death of the de-facto

complainant. It is alleged that when the de-facto complainant and his relative had run away from the spot to their house to escape further attack, the

petitioner along with the other accused chased them and pelted stones and also caused hurt to another relative of the de-facto complainant. It is also

alleged that they had criminally trespassed into the house of the de-facto complainant.

The learned counsel for the petitioner submits that the petitioner is an 18 year old boy with no criminal antecedents. It is submitted that the petitioner

has been roped in on the basis of some misunderstanding and the petitioner had no occasion to attack the de-facto complainant. It is alleged that even

assuming that the statements in the First Information Statement are true, the only allegation against the petitioner is that he slapped the de-facto

complainant. It is submitted that the petitioner had not done anything to attract any non-bailable offence. It is submitted that the petitioner has been in

custody from 10.01.2022 and his continued detention is not necessary for the purpose of any investigation.

The learned Public Prosecutor opposes the grant of bail. It is submitted that there are clear allegations against the petitioner, who has been properly

identified. It is alleged that since the petitioner along with the other accused had attacked the de-facto complainant, in furtherance of a common

intention, the fact that the petitioner had only slapped the de-facto complainant does not mean that he is not liable for the other offences alleged

against him. It is submitted that the bail application may be dismissed.

Having regard to the facts and circumstances of the case and considering the age of the petitioner, I am inclined to take a lenient view. I also note

that the petitioner has been in custody from 10.01.2022 and has completed 30 days in custody as on date. His further detention may not be necessary

for the purpose of any investigation.

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

(1) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the

Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.10 of 2022 of Anchal Police Station, Kollam District, on every Saturday at 11.00AM until further

orders;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.10 of 2022 of

Anchal Police Station, Kollam District;

(4) 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.10 of 2022 of Anchal Police Station, Kollam District, may file an

application before the Jurisdictional Court for cancellation of bail. It is made clear that the grant of bail to the petitioner will not be seen as an

entitlement for the other accused in the case to apply for and obtain bail.