Vineeth Kumar M.O, @ Kannan vs State Of Kerala

C.S.Dias, J

This is the second application filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973, who is the second accused in Crime No.1224/2023 of Manimala Police Station, Kottayam, registered against the accused(six in number) for allegedly committing the offences punishable under Sections 294(b),323, 324, 325, 326, 308, 341, 427,143,144, 147, 148 and 149 of the Indian Penal Code,1860, read with Section 27 of the Arms Act, 1959. The petitioner was arrested on 04.12.2023.

The prosecution case, in brief, is that: On 30.11.2023 at around 5.45 p.m, the accused (six in number) formed an unlawful assembly with dangerous weapons and with an intention to commit culpable homicide blocked the car in which the de-facto complainant and his wife were travelling, and the first accused hit on the face of the de-facto complainant and the second accused hit on the hand of the wife of the de-facto complainant with a wooden stick. The accused 3 to 5 uttered obscene words and threatened to kill the de-facto complainant and the sixth accused caused damage to the vehicle. Thus, the accused have committed the above offences.

Heard; Sri. M. P. Madhavankutty, the learned counsel appearing for the petitioner and Smt. Neema T.V. the learned Senior Public Prosecutor appearing for the respondents.

The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusation levelled against him. By Annexure-II order, this Court had earlier dismissed the application, on the ground that the investigation in the case is in progress. The petitioner has been in judicial custody since 04.12.2023, which is more than 64 days. The investigation in the case is complete and the recovery has been effected. The petitioner’s further detention is unnecessary. Hence, the application may be allowed.

The learned Public Prosecutor opposed the application. She contended that the investigation is not yet been complete. Nonetheless, she conceded to the fact that the petitioner has been in judicial custody since 04.12.2023 and the recovery has been effected.

On a consideration of the facts, the materials placed on record, the rival submission made across the Bar, and particularly taking note of the fact that the petitioner has been in judicial custody since 04.12.2024, that the investigation in the case is practically complete, that the recovery has been effected, I am of the definite view that the petitioner’s continued detention is unnecessary. Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioner to 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, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every Saturdays between 9 a.m. and 11 a.m for a period of one month or till the final report is filed, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while she is on bail;

(iv) The petitioner shall surrender her passport, if any, before the court below at the time of execution of the bond. If she has no passport, she shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vii)Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.