Vincent C.D vs State Of Kerala

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.39/2021 of Erumapetty Police Station. The offences alleged are under Sections 341, 326, 307, 294(b) and

447 of IPC.

The allegation against the petitioner is that, on 07.02.2021 at 04.15 pm the petitioner had trespassed into the compound of the defacto complainant

and wrongfully restrained the daughter of the defacto complainant and attacked her with a spade. Due to such attack the daughter of the defacto

complainant sustained serious injuries and thereby he had committed the offences.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the present case. Petitioner and

the defacto complainant are neighbours and there is a civil dispute in respect of boundary of their properties. There was a scuffle between the

petitioner and the defacto complainant and when the daughter of the defacto complainant interevened the incident occurred. It is submitted that the

petitioner has no criminal antecedents and he is aged 55 years. Hence, he prayed for allowing the application.

The learned Public Prosecutor opposed the same and insisted for dismissal of the bail application. It is contended by him that the petitioner had

committed the offences and if he is released on bail it will affect the investigation going on.

After perusing the records, it can be seen that the victim has sustained some serious injuries also. However, the fact that there was some dispute

with regard to the property between the petitioner and the defacto complainant cannot be ignored. It is also discernible from the records that there

was a scuffle between them and the incident occurred in the meanwhile. The petitioner had surrendered on 15.04.2021 before the jurisdictional court

and since then he is in custody. He is aged 55 years and he is having certain ailments also. It is also learned that in this scuffle he himself sustained

some injuries.

Considering all the above circumstances, this court is of the view that the petitioner can be released on bail and accordingly, this application is

allowed. It is also a relevant aspect to notice that, on account of the alarming situation prevailing in the State owing to wide spread of COVID-19

Pandemic, the Government is taking measures to de-congest the prisons so as to enable the authorities concerned to maintain social distancing within

the prisons. As part of the said initiative, they have issued G.O(Rt)No.1311/2021/HOME dated 05/05/2021, directing the authorities concerned to grant

parole to eligible inmates of the Prisons in the State, subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional Services

(Management) Rules 2014. The Honourable Supreme Court also, vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No 1/2020 issued various

directions for minimizing the strength of inmates in prisons. In my view, the above aspects are also very much relevant while considering this bail

application.

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

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum

each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

However, it is made clear that, this requirement shall stand suspended during the period of lock down declared by the Government or any other

competent authorities in this regard.

(iv) The petitioner shall also appear before the investigating officer as and when required by him.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try

to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.