Visak vs State Of Kerala

A. Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking regular bail and the petitioners are accused No.1 to 3 in crime No.92/2023 of Nattukkal Police Station, Palakkad.

Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary along with the wound certificate pertaining to the defacto complainant.

The prosecution case is that, at about 09.00 hours on 25.02.2023, accused Nos. 1 to 3 after sharing common intention to commit murder of the defacto complainant assaulted him. Though the defacto complainant sustained serious injuries, he survived. The specific allegation is that, the 2nd accused attempted to hit on the head of the defacto complainant by using a stick and the same when blocked by the defacto complainant, caused injuries on his left wrist causing fracture. On this premise, the prosecution alleges commission of offences punishable under Sections 294(b), 323, 324, 326 and 307 r/w 34 of IPC.

The learned counsel for the petitioners would submit that the petitioners are innocent and the allegations are false. He further submitted that, the 1st petitioner was arrested on 27.02.2023 and 2nd and 3rd petitioners were arrested on 25.02.2023 and they have been in custody therefrom. The learned counsel for the petitioners also pointed out that, the petitioners are first time offenders. Therefore, the learned counsel for the petitioners pursued the relief of regular bail to the petitioners in consideration of the progress of the investigation.

The learned Public Prosecutor though opposed grant of regular bail to the petitioners, he conceded that the petitioners are first time offenders.

On perusal of the available materials, the prosecution allegation as to assault of the defacto complainant at the instance of the petitioners by using a stick could be gathered, prima facie. The prosecution allegations are fortified by the injuries noted in the wound certificate issued from Mother Care Hospital, Vattambalam. The following are the injuries noted pertaining to the defacto complainant:

Laceration left parietal region 6x1 cm

Contused abrasion left forearm.

Contusion right forearm.

Laceration left palm 3x1 cm. Swelling left hand.

Abrasion left knee

Fracture 2nd left metacarpal.

However, the case diary would go to show that, the investigation has achieved much progress. Therefore, I am inclined to enlarge the petitioners on bail since further custody of the petitioners, who have no criminal antecedents, for the purpose of investigation, is not necessary.

Therefore, this petition stands allowed. The petitioners are released on regular bail on conditions:

i. The petitioners shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial.

iii. The petitioners shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months.

iv. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported, or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.