Udayalal @ Udayan vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.1809/2021 of Aryancode police station, alleging commission of offences under Sections 294(b), 506, 341, 323,

325 and 307 of the Indian Penal Code.

The allegation against the petitioner is that, on 12.11.2021, at about 08.00 pm, the petitioner attacked the de facto complainant and caused serious

injuries on him by catching hold of the leg of the de facto complainant, pushing him down and dragging him through the ground by holding his penis and

causing grievous injuries to the penis of the de facto complainant. The animosity between the petitioner and the de facto complaint is stated to have

arisen on account of failure of the de facto complainant to hold a torch light to enable the petitioner to consume alcohol in a secluded place.

Learned counsel appearing for the petitioner submits that the petitioner was arrested on 15.11.2021 and has completed 51 days in custody as on

date. It is submitted that the allegations are false and that continued detention of the petitioner is not necessary for the purpose of investigation into the

matter. It is submitted that the further detention of the petitioner will affect the livelihood of the petitioner and his family.

Learned Public Prosecutor, on instructions, submits that the petitioner is accused in a case alleging commission of offence under the POCSO Act

and various provisions of the Indian Penal Code, including Section 366A of the Code. It is submitted that the facts of the case reveal that the petitioner

is capable of very violent reaction and grant of bail at this stage may not be conducive as there is every chance that the petitioner may influence the

witnesses and threaten the de facto complainant. It is submitted that the investigation is under progress and grant of bail, at this state, may affect

proper conclusion of the investigation.

Learned counsel appearing for the petitioner submits that the alleged victim in the case registered under the provisions of the POCSO Act is now

married to the petitioner and they are living together as husband and wife.

Having regard to the facts and circumstances of the case and considering the fact that continued detention of the petitioner is not necessary for the

purpose of investigation into Crime No.1809/2021, I am of the view that the petitioner can be released on bail with sufficient conditions to ensure that

he does not interfere with the investigation in any manner. Accordingly, this application for bail is allowed and 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. 1809/2021 of Aryancode Police station on every Saturday at 11 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the the de facto complainant or any witness in Crime No. 1809/2021

of Aryancode police station;

(iv) The petitioner shall not enter the local limits of the Aryancode police station where the de facto complainant is residing except for the purpose of complying with

condition No. (ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and

file the same before the said court within seven days of release on bail;

(vi) 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.1809/2021 of Aryancode police station may file an application

before the jurisdictional court, for cancellation of bail.