Vijith @ Appus vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioners are the accused 1 to 6 in Crime No.404/2022 of Ayiroor Police Station, Thiruvananthapuram District. The offences alleged against the petitioners are under Section 143,147, 148, 149,446,447,452, 294(b), 506(i), 323, 324 and 354, of the Indian Penal Code, 1860.

The prosecution case is that on 29.05.2022 at 10 pm with intent to wreak vengeance against the husband of the defacto complainant, the accused trespassed into their house shouting obscene words and outraged the modesty of the defacto complainant by grabbing her breasts and when the husband of the victim tried to defend the attack, accused Nos.2 to 7 attacked him and kids with sticks and threatened that their family will be killed.

Sri.P.Anoop, learned counsel for the petitioners submitted that the offences alleged against the petitioners are falsely foisted and that they are totally innocent.

Sri.K.A.Noushad, learned Public Prosecutor, on instructions, submitted that the petitioners were arrested on 01.06.2022. Learned Public Prosecutor further submitted that the investigation is in progress and that detention of the petitioners are required to be continued, and also pointed out that accused Nos.5 and 6 have criminal antecedents.

The accused are all aged between 19 to 23 years. The non-bailable offencess alleged against petitioners are under Section 454 of the IPC. Having regard to the fact that the weapons of offence alleged to be used in the crime, have already been recovered, I am of the view that the continued detention of the petitioners is not required.

Accordingly, this bail application is allowed and petitioners are enlarged on bail on the following conditions:

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

(ii) Petitioners shall appear before the Investigating Officer as and when required;

(iii) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or their family members;

(iv) Petitioners shall not commit any offence while they are on bail.

(v) The petitioners shall not leave India without the permission of the Court having jurisdiction.

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 law, notwithstanding the bail having been granted by this Court.