Sunny Joseph vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is accused No.1 in Crime No.157/2022 of Thamarassery Police Station, Kozhikode District alleging commission of offence punishable under Sections 341, 323, 324, 326, 447 r/w 34 of Indian Penal Code.

The prosecution allegation is that, on 08.03.2022, at 08.30 a.m., the petitioner along with three other identifiable persons trespassed into the property of the defacto complainant and his father, while they were doing agricultural works, wrongfully restrained and assaulted them and that the father of the defacto complainant sustained fracture of mandible due to the hit by the petitioner with a granite stone piece.

4 .The learned counsel for the petitioner submitted that the petitioner is in custody from 09.06.2022 onwards and that the petitioner has no other criminal antecedents. It is also submitted that the petitioner has been falsely implicated in the above said crime.

The learned Public Prosecutor seriously opposed the bail application mainly contending that the injured sustained serious injuries in the said incident including fracture of mandible, but submitted that the petitioner has no other criminal antecedents. It is further submitted that there are civil disputes also pending between the parties.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the facts that the petitioner is a first time offender, the other accused have been granted bail as per Annexure A1 order and the petitioner is in custody from 09.06.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the 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 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) Petitioner shall appear before the investigating officer in Crime No.157/2022 of Thamarassery Police Station, Kozhikode District on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.157/2022 of Thamarassery Police Station, Kozhikode District;

(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.157/2022 of Thamarassery Police Station, Kozhikode District may file an application before the jurisdictional court, for cancellation of bail.