Sunil Sukumaran vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the 1st accused in Crime No.1801/2021 of Kanjirappally Police Station, alleging the offences punishable under Sections 143, 144, 147, 148, 427, 354, 120(b), 452, 294(b), 506(ii), 326, 324 & 323 r/w. Section 149 of the Indian Penal Code.

The allegation against the petitioner is that he along with the other accused trespassed into the house of the de facto complainant, shouted obscene and threatening words and assaulted the brother of the de facto complainant with an iron rod on his hand and on his leg. It is also alleged that when the de facto complainant rushed to the spot, she was also pushed down and assaulted by the accused in the case.

The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that going by the First Information Statement, there were only three accused persons and later in the remand report, the names of five accused are mentioned. It is alleged that further offenes were incorporated in the remand report only to ensure that non-bailable offences are charged against the petitioner. It is submitted that there are serious contradictions in the First Information Statement and subsequent documents. It is submitted that the petitioner has no criminal antecedents and he has been in custody from 24.12.2021.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. It is submitted that all the other accused in the case except the petitioner herein have criminal antecedents. It is submitted that there are clear allegations which suggest that the petitioner is the guilty of the offences alleged against him. It is submitted that the wound certificate in respect of the brother of the de facto complainant also suggests that the allegations raised against the petitioner and others are true. It is submitted that the petitioner is not entitled to be released on bail..

Having regard to the facts and circumstances of the case and taking into account the fact that there are no criminal antecedents reported against the petitioner and also considering the fact that the petitioner has been in custody from more than 65 days, I am of the view that the petitioner can be granted bail subject to conditions. I am convinced that his further detention is not necessary for the purposes of investigation.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall report before the Investigating officer in Crime No.1801/2021 of Kanjirappally Police Station, as and when called upon to do so;

(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 1801/2021 of Kanjirappally Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 1801/2021 of Kanjirappally Police Station, may file an application before the jurisdictional Court for cancellation of bail.