Thulasidharan vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.1762/2022 of Pooyapally Police Station, Kollam District, alleging commission of offences punishable under Sections 341, 324, 326 and 308 of the Indian Penal Code.

The prosecution allegation is that, on 16.11.2022, at 6.15 pm, the petitioner attacked the defacto complainant with an iron rod and hammer and the defacto complainant sustained injuries and also dislocated two teeth and thus committed the aforesaid offences.

4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is also submitted that the petitioner is aged 69 years and his wife is completely bedridden and there is no one to lookafter her daily routine. The petitioner submits that the defacto complainant and the petitioner are neighbours and the petitioner has filed a suit O. S. No.513/2020 before the Munsiff's Court, Kottarakkara against the defacto complainant and his relatives regarding encroachment of a property. While the petitioner was in his house, the defacto complainant and his friends came and demanded to withdraw the aforesaid case and when he denied the same, they attacked the petitioner with an iron rod and he sustained injuries and was admitted in the Medical College Hospital. In the said scuffle, the defacto complainant fell down and he sustained injuries on his face. The place of incident is in the compound of the petitioner's property. In fact the petitioner was taken into custody by the police from hospital. It is also submitted by the learned counsel for the petitioner that the petitioner has no other criminal antecedents and that he is in custody from 21.11.2022 onwards.

The learned Public Prosecutor opposed the application for bail and submitted that the defacto complainant was attacked due to previous enmity of having dispute on a pathway.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is aged 69 years and he is a first time offender and that he is in custody from 21.11.2022 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 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) Petitioner shall appear before the investigating officer in Crime No.1762/2022 of Pooyapally Police Station, Kollam 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.1762/2022 of Pooyapally Police Station, Kollam 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.1762/2022 of Pooyapally Police Station, Kollam District may file an application before the jurisdictional court, for cancellation of bail.