Sudheesh vs State Of Kerala

P.G. Ajithkumar, J

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

The petitioner is the accused No.4 in Crime No.176 of 2023 of Puthukad Police Station. He along with other accused allegedly had committed the offences punishable under Sections 143, 147, 148, 341, 324, 326, 427, 447 and 506 (ii) of the Indian Penal Code, 1860.

The prosecution case is as follows:

At about 10.30. pm on 25.02.2023, the petitioner along with 5 others, due to their previous animosity towards the defacto complaint, after forming themselves into an unlawful assembly armed with deadly weapons committed criminal tresspass into the office of the festival committee at Chittissery Kavadi Sangam. At the committee room, the petitioners and his fellow accused restrained the defcto complainant and threatened him to kill. The 1st accused using an iron rod hit at his face and back causing injuries. While the 1st accused did so, the 2nd accused hit at his left knee. The other accused damaged the chairs in that office causing a loss of Rs.6,000/-. The injuries sustained by the defacto complainant in the incident were grevious in nature.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention. The petitioner was arrested on 11.04.2023 and has been in judicial custody since the said date.

The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserves only to be dismissed. Unless all the assailants are arrested, the investigation cannot be taken to a logical end. Therefore, the petitioner may not be granted bail at this stage.

No  doubt,  the  offences  alleged  against  the petitioner and his co accused are serious in nature. It is seen that investigation in the matter has been progressed considerably. Accused nos.1 and 2 had the major role in attacking the defacto complainant. The complecity of the petitioner in the incident is evident from the materials on record. However, considering all the aspects of the matter and also the nature of the offence, I am of the view that further detention of the petitioner pending investigation is unnecessary. Therefore the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) The petitioner shall not influence or intimidate witnesses or tamper with evidence;

(ii) petitioner shall appear before the investigating officer as and when called for until filing the final report;

(iii) During the period of bail, petitioner shall not get involved in any other offence.

(iv) The petitioner shall surrender his passport before the learned Magistrate, and if he does not have a passport, he shall file an affidavit stating that fact.

(v) The petitioner shall deposit in the Judicial Magistrate of First class, Irinjajakkuda an amount of Rs.6,000/- which is the amount quantified as the loss occasioned as a result of the alleged mischievous acts of the petitioner and the co-accused.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.