Vimal Dev vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioners are accused Nos.1 and 2 in Crime No.199 of 2023 of Poochakkal Police Station, Alappuzha, alleging offences under Sections 452, 324, 307 and 294(b) r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 08.03.2023, the accused had, due to previous animosity with the defacto complainant, trespassed into his house and after disconnecting the electric supply, hacked him on his head with a chopper and abused him and inflicted injuries with the intention to commit murder. The accused committed the offences alleged due to a political animosity.

Sri.P.Mohamed Sabah, the learned counsel for the petitioners contended that the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that the petitioners were arrested on 09.03.2023 and that they have been in custody since then. It was also submitted that the final report has already been submitted and therefore, no purpose would be achieved by continuing them in detention.

Smt.Neema T.V., the learned Public Prosecutor opposed the application and submitted that petitioners have inflicted severe injuries on the defacto complainant due to a political rivalry since the defacto complainant resigned from the membership of RSS and joined the CPIM. It was further submitted that if petitioners are released on bail, there is every chance that they may commit further offences on the defacto complainant and therefore the life of the defacto complainant itself would be in danger.

I have considered the rival contentions.

Petitioners were arrested on 09.03.2023 and have been in custody since then. It was submitted across the Bar that the final report has already been filed. Since the investigation is almost completed, there is no purpose in detaining the petitioners any further. However, the apprehension of the learned Public Prosecutor cannot be said to be ill-founded though that by itself is not a reason to deny bail at this juncture. The apprehension expressed can be sufficiently protected by imposing strict conditions.

Accordingly, this application is allowed on the following conditions :-

(a) Petitioners shall be released on bail on them 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.

(b) Petitioners shall co-operate with the trial of the case.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they attempt to tamper with the evidence.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not enter into the jurisdictional limits of Alappuzha District until conclusion of trial except for the purpose of participating in the trial.

(f) Petitioners shall not leave the State of Kerala until conclusion of trial.

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.