Vishnu Babu vs State Of Kerala

Ziyad Rahman A.A., J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioners are the accused Nos.1 and 2 in Crime No. 39/2023 of Thiruvalla Police Station, which was registered for the offences punishable under Sections 341, 324, 326 and 307 read with Section 34 of the Indian Penal Code.

The allegation against the petitioners is that on 05.01.2023 at 18.45 hours, the petitioners, wrongfully restrained the defacto complainant, who is a lady aged 28 years, and later with the intention to kill the defacto complainant, hit her with the car bearing registration No. KL 16-D/6846, thereby causing grievous hurt to her. In connection with the investigation of the said case, the petitioners were arrested on 07.01.2023, and since then, they have been in judicial detention. Even though an application for bail was submitted before the learned Magistrate, the same was dismissed as per Annexure-1. This application is submitted in such circumstances.

Sri. T.P. Pradeep, the learned counsel appearing for the petitioners, contends that the petitioners were falsely implicated in this case. It is contended that the petitioners are prepared to abide by any conditions, and hence they seek an order for bail.

On the other hand, the learned Public Prosecutor would oppose the aforesaid application.

I have gone through the records. The specific allegation against the petitioners is that, they came in a car and tried to stop the defacto complainant, who was walking through the road, but she refused and avoided them. Later, they followed her in a car and hit her, thereby causing injuries to her. Now, the parties have been in custody since 07.01.2023.

After considering all the relevant inputs, including the period of detention they have undergone, I am of the view that bail can be granted to the petitioners. This is mainly because the investigation, in this case, has proceeded substantially, and the further detention of the petitioners appears to be not necessary. In such circumstances, the petitioners are directed to be released on bail subject to the following conditions.

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

The petitioners shall fully cooperate with the investigation.

The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.

The petitioners shall also appear before the Investigating Officer as and when required by them.

The petitioners shall not commit any offence of similar nature while on bail.

The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

The petitioners shall not leave the State of Kerala without the permission of the trial Court.