Syamraj vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioners are accused Nos. 1 to 3 in Crime No.519/2023 of Kurathikadu Police Station, registered for having committed offences punishable under Sections 294(b), 323, 324, 341 & 395 of the Indian Penal Code.

The prosecution case is that, on 21.8.2023 at 10.30 P.M., accused Nos. 1 to 5 reached near the west side of the defacto complainant's house on two bikes. The 1st accused caught hold of the defacto complainant and wrongfully restrained him. He also uttered obscene words. The 2nd and 3rd accused slapped and beat the defacto complainant. The 4th accused caused a cut wound in the leg of the defacto complainant with a knife. The 5th accused snatched a chain weighing 1.5 sovereigns and a mobile phone. Hence, the accused persons are alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioners would submit that the petitioners are totally innocent and are falsely implicated with ulterior motives. At any rate, he points out that the petitioners are in custody from 23.8.2023, and the continued custody of the petitioners is unnecessary.

The learned Public Prosecutor opposed the petition and points out that the petitioners are not entitled to bail.

After having considered the submissions of the learned counsel for the petitioners and the learned Public Prosecutor and taking into account the nature of the injuries allegedly inflicted by the accused persons and the fact that the petitioners are in custody from 23.8.2023 and also that no other criminal antecedents have been reported against the petitioners and since there is no apprehension raised by the prosecution that if released on bail, the petitioners are likely to abscond, I hold that bail can be granted to the petitioners. Accordingly, this application is allowed, and the petitioners are granted bail, subject to the following conditions:-

i. The petitioners shall be released on bail on executing separate bonds for 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 petitioners shall report before the Investigating Officer as and when directed.

iii.The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

iv.The petitioners shall not be involved in any other crime while on bail.

If any of the conditions are violated, the jurisdictional court concerned shall be empowered to take steps for cancellation of bail as per law.