Vishnu vs State Of Kerala

Jobin Sebastian, J

This petition for regular bail has been filed by the 1st and 2nd accused in Crime No.627/2024 of Aryanad Police Station, registered alleging the commission of offences punishable under Sections 189(2), 189(3), 189(4), 191(1), 191(3), 296(b), 351, 126(2), 115(2), 118(1) r/w 190 of Bharatiya Nyaya Sanhita (BNS), 2023.

The prosecution allegation is that, the accused Nos.1 to 8, due to a previous animosity, on 20.07.2024 at 5.30 p.m., formed themselves into an unlawful assembly with deadly weapons and in prosecution of the common object of the said assembly the 1st and the 2nd accused wrongfully restrained the defacto complainant while he was standing in the property situating near to his house. Thereafter, at around 6.30 p.m., while the defacto complainant was proceeding to his cattle shed, the 1st accused beat on the left knee of the defacto complainant using an iron rod and the 2nd accused hacked on the back side of his head using a chopper. In the meantime, the 3rd and 4th accused hit on the face and forehead of the defacto complainant using some sharp-edged weapons and four other identifiable accused beat and fisted the defacto complainant incessantly. The 3rd accused then uttered to bring petrol and match box and intimidated to set ablaze the defacto complainant and in the meanwhile, the 2nd accused poured liquor on the face and the mouth of the defacto complainant forcefully. Hence the accused are alleged to have committed the offences mentioned above.

Heard both sides and perused the available records.

From a perusal of the records, it is gatherable that the accusation against the petitioners and the other accused in this case is prima facie well founded. It is alleged that the first accused beat on the knee of the defacto complainant using an iron rod and the second accused hacked on the backside of his head using a chopper. From the perusal of the wound certificate produced, it is gatherable that immediately after the incident, the defacto complainant sought medical aid from CHC Vellanad, with the alleged history of assault. A bare reading of the wound certificate reveals that in the medical examination of the defacto complainant, the following injuries were noted:-

Lacerated wound 30m x 0.3 cm on face over left Maxillary region.

Contused laceration 4cm x 0.5 cm on scalp near frontal area left

Contused laceration on scalp 4 x 0.5 over left fronto parietal region.

Contusion over left knee lateral aspect.

Of course, injuries corresponding to the overt acts assigned to the 1st and 2nd accused are noted in the medical examination. It is apparent that the 1st and 2nd accused are the main perpetrators of the offence. It was they who allegedly used the weapons in the commission of offence. Anyhow the petitioners were arrested in this case on 03.12.2024 and since then they have been in custody. The weapons allegedly used by the petitioners in the perpetration of the offence have already been recovered. The investigation in this case has progressed substantially. The witnesses, who are acquainted with the facts and circumstances of the case were already interrogated and their statements have been recorded. I am not unmindful of the submission made by the learned Public Prosecutor that the weapons allegedly used by the third and fourth accused are yet to be recovered. However, I am at a loss to understand how the retention of petitioners in judicial custody will facilitate the recovery of the weapons which were allegedly used by the other assailants, especially when there is no allegation that those weapons were handed over or entrusted with the petitioners after the commission of the offence. Moreover, the injuries sustained by the defacto complainant are not grievous in nature. Similarly, no criminal antecedents are seen pointed out against the petitioners. Hence considering the days of detention already undergone by the petitioners and the stage of investigation with respect to their involvement in the commission of the offence, I am of the considered view that they can be released on bail on stringent conditions.

In the result, this petition is allowed on the following conditions:

(1) The petitioners shall be released on bail on petitioners executing a bond for Rs.1,00,000/-(Rupees One Lakh only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(2) The petitioners shall appear before the Investigating Officer on every Second Saturdays between 10 a.m. and 11 a.m., starting from 11.01.2025 for a period of three months or till the final report is filed, whichever occurs first.

(3) The petitioners shall also appear before the investigating officer as and when required and shall co-operate with the investigation.

(4) The petitioners shall not intimidate or influence the witnesses; or tamper with the evidence.

(5) The petitioners shall not commit any offence while they are on bail.

(6) It is made clear that, in the event of a violation of any of the above conditions, the investigating officer is at liberty to approach the jurisdictional court for cancellation of bail. In that event, the jurisdictional court shall consider such application and pass appropriate orders.