Vinu Kumar vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking regular bail is filed under Section 439 of the Code of Criminal Procedure( “Code†for short ) by the

1st accused in Crime No.231 of 2021 of Kannanalloor Police Station registered under Sections 308, 153, 120B, 124A, 211 and 195 r/w 34 of IPC.

2. The prosecution allegation is that the 4th accused in the instant crime is the President of a Company incorporated in the United States. He

happened to enter into an understanding with the State for permitting to carry out deep sea fishing. This led to serious controversy and the then

Minister of Fisheries also voiced her objection to the project. The 4th accused, with a view to get even with the Minister, stood as a candidate in the

constituency where she was seeking the people’s mandate. To gain some traction and to denigrate the Minister of Fisheries, the 4th accused along

with his Manager, the 3rd accused, entered into a conspiracy to stage-manage an incident. The petitioner and the 2nd accused were roped in. In

pursuance to the same on 06.04.2021 at about 5.30 am while the 4th accused was on his way to Kundara and when the vehicle reached Kureepally,

the 1st accused along with others came in a car, intercepted the vehicle in which the 4th accused was travelling and hurled some thing resembling a

‘molotov cocktail’. The car in which the 4th accused was travelling suffered some damage. The intention of the 4th accused was to garner

some sympathy by making it appear that the incident was perpetrated by the supporters of the Minister of Fisheries.

3. The learned counsel appearing for the applicant submitted that the applicant has been made a pawn in a political war. According to the learned

counsel, the applicant contends that he is innocent of all allegations. It is argued that the accused Nos.3 and 4 have already been granted bail by this

Court by separate orders. He would further contend that the petitioner has been in custody from 27.04.2021 onwards and according to him, the further

incarceration is unwarranted particularly in view of the fact that the investigation has progressed to the final stages.

4. The learned Public Prosecutor has opposed the prayer and highlighted the grave nature of the allegations.

5. I have considered the submissions advanced and have perused the materials which are made available.

6. From the records made available it appears that the investigation has progressed to the end stages. It is not reported that the petitioner is involved

in any other crime. The main accused have already been released on bail. Having considered all the relevant aspects, including the nature of

accusations, the severity of the punishment which conviction would entail, the reasonable possibility of securing his presence at the stage of trial, and

other factors I am of the view that the further detention of the petitioner in custody is not necessary. He can be granted bail by imposing appropriate

conditions.

In the result, this application will stand allowed, however, it shall be subject to the following conditions:

1. The applicant shall be released on bail on his 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.

2. The applicant shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on every Saturday for a period of two months or until the filing of the final

report whichever is earlier.

3. The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

4. He shall not commit any offence while 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.