Sudheesh @ Kukku vs State Of Kerala

Ziyad Rahman A.A., J

This bail application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioners are accused Nos.3 and 4 in crime No.598/2023 of Vattiyoorkavu Police Station, which was registered for the offences punishable under Sections 294(b), 323, 324, 307, 441, 427 read with Section 34 of the Indian Penal Code.

The prosecution case is that, on 02.07.2023 at about 22.15 hours, due to previous animosity towards the defacto complainant, the petitioners and other accused persons, assaulted the defacto complainant and two other persons with a chopper thereby causing serious injuries to them. The crime was registered in such circumstances and as part of the investigation, the petitioners were arrested on 03.07.2023. Since then, they have been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Sri. M.R. Sarin, the learned counsel appearing for the petitioners and Smt. Sreeja V., the learned Senior Public Prosecutor for the State.

The learned counsel for the petitioners submits that the petitioners are innocent of all the allegations and they were falsely implicated. It is pointed out that the main allegation of causing serious injuries upon the victim are made against the 1st accused.

On the other hand, the learned Public Prosecutor would oppose the aforesaid application. It is pointed out that, both the petitioners were involved in crime No.287/2019 of Vattiyoorkavu Police Station, in which the main offence alleged is under Section 308 of the Indian Penal Code.

I have gone through the records. It is true that there are certain allegations against the petitioners and they are involved in another crime as well. However, it is discernible from the records that, the main allegation of causing serious injuries upon the victims were made against the 1st accused. The role of the petitioners in this case is limited. Now the petitioners have been in custody since 03.07.2023 onwards. Considering the period of incarceration of the petitioners and the limited role of the petitioners in committing the crime, I do not find any necessity of further incarceration of the petitioners.

Accordingly, this bail application is allowed and the petitioners are directed to be released on bail subject to the following conditions:-

(i) The petitioners shall be released on bail on executing a bond for ₹1,00,000/- (Rupees One Lakh only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(ii) The petitioners shall fully cooperate with the investigation.

(iii) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report.

(iv) The petitioners shall also appear before the Investigating Officer as and when required.

(v) The petitioners shall not commit any offence of similar nature while on bail.

(vi) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioners shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with law..