Vipin Sha vs State Of Kerala

This petition is filed under Section 439 of the Cr.P.C.

The petitioner herein is the 1st accused in Crime No.83 of 2018 of Sooranad Police Station, registered under Sections 294(b), 323, 324, 506, 307 & 153A r/w. Section 34 of the IPC and Section 27 of the Arms Act.

On 14.1.2018, while the de facto complainant and his associates were engaged in the preparation of food for Ayyappa Devotees, who were expected to come to the Sree Dharma Sastha Temple for partaking in the Makaravilakku festival, the petitioner herein is alleged to have driven a vehicle in reckless manner and barged into the shed where the food was being prepared. It is further alleged that he got out of the car and brandished a sword stick and inflicted injuries on the de facto complainant. The other accused are alleged to have joined him and pelted bricks on the de facto complainant and his friends.

The learned counsel appearing for the petitioner submits that the petitioner is in judicial custody from 14.02.2018. It is further submitted that accused Nos. 2 to 3 in the aforesaid crime were granted regular bail by this Court as per order dated 08.02.2018 in B.A. No. 744 of 2018. According to him, the petitioner is not a person with prior criminal antecedents and he has been falsely roped in.

The learned Public Prosecutor has opposed the prayer. It is submitted that the intention of the accused was to promote enmity between different groups and a simmering tension prevails in the locality.

I have considered the submissions advanced and have gone through the case diary. The recovery of the weapon has been effected and all the witnesses have been questioned. Nothing further remains to be done investigation wise insofar as the petitioner is concerned.

Having regard to the period of detention undergone, the period of detention undergone, the role attributed to the petitioner and the stage of investigation, I am of the view that the petitioner can now be enlarged on bail.

In the result, this petition will stand allowed. The petitioner 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. The above order shall be subject to the following conditions:

1). The petitioner shall appear before the Investigating Officer on all Saturdays between 9 AM and 10 AM, for 2 months or till final report is filed, whichever is earlier.

2). The petitioner shall not enter the limits of Sooranad Police Station for a period of three months, except for complying with the conditions in the order.

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

4). The petitioner shall not commit any offence while they are on bail.

5).If the petitioner intends to leave India, he shall obtain previous permission from 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 the law.