Unnilal vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.1073/2022 of Chathannur Police Station, Kollam, alleging offences punishable under Sections 294(b), 324 and 308 of the Indian Penal Code, 1860.

According to the prosecution, the accused had on 24.12.2022 while assaulting his wife, the defacto complainant, who is the mother of the accused, tried to intervene and therefore he turned his ire against her and assaulted her with a wooden road and thereby committed the offences alleged.

Sri.K.V.Anil Kumar, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that the matter has been settled which is evident from Annexure B affidavit. It was also submitted that the petitioner was arrested on 25.12.2022 and has been in custody since then.

Sri.Noushad K.A., the learned Public Prosecutor, upon instructions submitted that the veracity of Annexure B affidavit was verified and the same was found to be genuine.

Sri.Mohanan M.K., the learned counsel for the defacto complainant also submitted that the matter has been settled and that the defacto complainant has no objection in the bail being granted to the petitioner.

Having considered the nature of allegations and also the period of detention already undergone, i.e.from 25.12.2022, I am of the view that petitioner can be released on bail on conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.