Sudheesh Kumar 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 sole accused in Crime No.974/2022 of the Thiruvalla Police Station. The offences alleged against the petitioner are under Sections 341, 294(b), 354 and 326 of the Indian Penal Code, 1860.

The prosecution case is that while the defacto complainant was travelling on a motor bike with her husband, the accused obstructed them by parking his autorikshaw in front of the bike and thereafter pushed the defacto complainant and twisted her hand, causing fracture of her left-hand thumb.

Sri.K.N.Radhakrishan, learned counsel for the petitioner submitted that petitioner was arrested on 22.05.2022, and he has been in custody since then. Notwithstanding the above, it was pointed out that the matter has been settled between the parties as is evident from the affidavit filed by the defacto complainant, which is marked as Annexure 3. It was also pointed out that Crl.MC No.3967/2022 has been preferred seeking to quash the entire proceedings arrived at between the parties.

Sri.Kishore, learned Counsel appearing for the 2nd respondent - defacto complainant submitted that the matter has been settled between the parties and that the defacto complainant stands by the affidavit filed along with this bail application.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since the petitioner was remanded to judicial custody on 22.05.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(i) Petitioner shall be released on bail on his 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant.

(iv) Petitioner shall not commit any offence while he is on bail.

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.