Suneesh.C vs State Of Kerala

Ziyad Rahman A.A., J

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

The petitioners are the accused Nos. 1 to 3, in Crime No.7/2023 of Bekal Police Station. The aforesaid crime was registered for the offences punishable under Sections 143, 147, 148, 447, 341, 323, 324 and 326, read with Section 149 of the Indian Penal Code.

The allegation against the petitioners is that on 01.01.2023 at 2.45 hours, the petitioners, along with some other persons, formed themselves into an unlawful assembly and trespassed into the courtyard of the house of the defacto complainant, attacked him and his mother with a wooden stick and iron rod, thereby causing injuries to them.

Earlier, the petitioners approached this Court seeking anticipatory bail by filing B.A. No. 180/2023 and as per order dated 18.01.2023, even though this Court dismissed the application, the petitioners were directed to surrender before the investigation officer within a period of ten days and to seek regular bail. Based on the said direction, the petitioners surrendered before the investigation officer on 24.01.2023, and they were arrested. Since then, the petitioners have been under judicial detention. Even though an application for bail was submitted before the Judicial First Class Magistrate Court-II, Hosdurg, the same was dismissed. This application for regular bail was submitted in such circumstances.

The learned counsel for the petitioner submits that the petitioners were falsely implicated in this case. It is contended that they are ready to abide by any conditions that this Court may impose. It is pointed out by the learned counsel for the petitioner that the fact that the petitioners have surrendered before the investigation officer consequent to the order passed by this Court indicates their willingness to cooperate with the investigation and trial. Therefore, the learned counsel for the petitioners seeks an order granting bail.

On the other hand, the learned Public Prosecutor would oppose the aforesaid contention put forward by the learned counsel for the petitioners. It is pointed out that there are specific allegations against the petitioners with respect to the commission of the offences. However, it is pointed out that the recovery of the weapons was already effected, and the petitioners are not involved in any other crimes.

After considering all the relevant aspects, including the period of detention that the petitioners have undergone and also the fact that they have surrendered before the investigation officer based on the order passed by this Court, I deem it appropriate to grant bail to the petitioners. While taking this view, I have considered the fact that the petitioners are not involved in any other cases. Since the recovery of the weapons has already been effected, further incarceration of the petitioners appears to be not necessary.

In such circumstances, this bail application is allowed, and the petitioners are directed to be released on bail subject to the following conditions:

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

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

(3) 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.

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

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

(6) 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.

(7) The petitioners shall not leave the State of Kerala without the permission of the jurisdictional court.

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