Ullas vs State Of Kerala

Gopinath P., J

Petitioner is the 3rd accused in Crime No.1760/2018 of Kallambalam Police Station, Thiruvananthapuram district alleging commission of offences under Sections 143, 147, 148, 341, 323, 324, 452, 427, 307 and 506(ii) r/w 149 of the IPC and Section 27 of the Arms Act.

The allegation against the petitioner is that, the petitioner along with the other accused brutally attacked the defacto complainant and his friends and caused serious injuries to him, and there by committed the offences alleged against them.

The learned counsel appearing for the petitioner submits that the allegations in so far as the petitioner is concerned is only that he attacked the friend of the defacto complainant using a knukle duster as a result of which, the said friend of the defacto complainant suffered some minor injuries. It is submitted that the thrust of the allegations are against the other accused in the case. It is submitted that the petitioner has been in custody for 42 days and his continued detention is not necessary for the purposes of any investigation. It is also submitted that the wife of the petitioner aged 19, is expecting a child and the expected date of delivery is 23.03.2022. It is submitted that there is no one else to take care of the wife of the petitioner.

The learned Public Prosecutor opposes the grant of bail. It is submitted that there are criminal antecedents reported against the petitioner. It is submitted that even if the allegations against the petitioner are limited to attacking a friend of the defacto complainant in the manner noticed above, the petitioner was clearly part of the gang which unlawfully assembled and attacked the defacto complainant and his friends owing to some disputes arising in relation to a club in the area. It is submitted that the fact that the petitioner has criminal antecedents will show that the petitioner is in the habit of committing crimes. 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 the continued detention of the petitioner is not necessary for the purposes of any investigation,  I  am  inclined  to  allow  this  application. The submission of the learned counsel for the petitioner that the wife of the petitioner is expecting a child on 23.03.2022 is also a factor that has been taken into consideration in directing the petitioner to be released on bail.

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 appear before the investigating officer in Crime No.1760/2018 of Kallambalam Police Station as and when called upon to do so;

(iii) The petitioner shall not enter the local limits of Kallambalam Police Station except for the purpose of attending any court proceedings;

(v) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.1760/2018 of Kallambalam Police Station;

(v) 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.1760/2018 of Kallambalam Police Station, Thiruvananthapuram district may file an application before the jurisdictional Court for cancellation of bail.