Sudheer vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the second accused in Crime No.592 of 2023 of Anchal Police Station, Kollam, alleging offences punishable under Sections 143, 147, 148, 294(b), 341, 324, 395 and 307 read with Section 149 of the Indian Penal Code, 1860.

According to the prosecution, on 24.04.2023, the accused formed themselves into an unlawful assembly, armed with deadly weapons and attacked the defacto complainant with a sword and inflicted serious injuries.

Sri.S.Sreejith, learned counsel for the petitioner, contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 05.05.2023 and that he has been in custody since then. It was also submitted that custodial interrogation of the petitioner has already been completed and no purpose would be achieved by continuing the detention. It was alleged that in fact, the petitioner was manhandled by the defacto complainant and his friends and that even the nature of offences alleged against the petitioner and other accused are not made out from the prosecution case.

Smt.T.V. Neema, the learned Public Prosecutor, opposed the application and submitted that the allegations are serious and that if the petitioner is released on bail, it would prejudice the investigation. It was also submitted that petitioner is involved in 16 other crimes and that having regard to the criminal antecedents, petitioner ought not to be released on bail.

I have considered the rival contentions.

The petitioner and other accused are alleged to have attacked the defacto complainant with deadly weapons causing serious injury. Though, the nature of injury alleged is not grievous, having regard to the period of detention already undergone, I am of the view that petitioner can be released on bail on strict conditions. The specific overt acts alleged against the petitioner are serious in nature and the criminal antecedents of the petitioner are also substantial. However, taking into consideration the period of detention already undergone from 05.05.2023, I am of the view that further detention is not essential.

Accordingly, 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.

(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 other offences while he is on bail.

(e) Petitioner shall not leave the State until conclusion of trial 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.