Vishnu @ Mammoosali vs State Of Kerala

Viju Abraham, J.

This is an application for regular bail.

Petitioner is the sole accused in Crime No.14 of 2023 of Chathannur Police Station, Kollam City registered alleging commission of offences punishable under Sections 294(b), 324 and 308 of Indian Penal Code.

The prosecution case is that the accused was on inimical terms with the brother of the defacto complainant for giving complaint against him before Chathannur Police Station. On 02.01.2023, at about 10.45 p.m., the de-facto complainant, Vishnu and his friends named Jithin and Sanooj were on their way to their house after attending the temple festival of ‘Appuppankavu’. When they reached near Samskrithi Library, Kinarmukku, Chirakkara Village, the accused called the defacto complainant aside under the pretext of having a private conversation with him. At that time, the accused with the intention and preparation to cause hurt to the defacto complainant uttered obscene words at him and suddenly beat the defacto complainant with a beer bottle kept in his hand. However, the defacto complainant managed to move his head in time and hence, he received the blow on the left side of his head thereby getting injured. Thus the petitioner has committed the abovesaid offences.

Petitioner submits that he has been falsely implicated in the abovesaid crime and that he is in custody from 04.01.2023 onwards. It is submitted by the learned counsel for the petitioner that on the alleged day of incident the defacto complainant in the present case and three identifiable persons wrongfully restrained the petitioner, hurled abusive words at him and thereafter the defacto complainant hit him on his head and ribs with a stick kept in his hand and when he fell down, the defacto complainant in the present case and three others attacked him and he sustained serious injuries. In connection with the above incident, a crime was registered as Crime No.21 of 2023 of Chathannur Police Station. It is also submitted that the alleged incident in Crime No.21 of 2023 happened at 10.30 p.m. whereas the incident alleged in the present crime happened at 10.45 p.m. It is the contention of the petitioner that if the incident alleged in Crime No.21 of 2023 is found to be true, the incident alleged in the present crime is totally improbable and further that the defacto complainant is a person having notorious criminal background and was just released from custody after undergoing KAAPA proceedings.

Learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainant sustained serious injuries in the alleged incident and that the petitioner is involved in six other criminal cases of serious nature.

Considering the facts and circumstances of the case and the nature of the allegations and also taking note of the detention of the petitioner from 04.01.2023 onwards, I am inclined to grant bail to the petitioner on the following conditions, but taking note of the serious criminal antecedents, the same shall only be on stringent conditions.

(i) The petitioner shall execute a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.14 of 2023 of Chathannur Police Station, Kollam City on all Saturdays at 11.00 a.m. till the filing of final report.

(iii) He shall not enter the jurisdiction limit of Chathannur Police Station for a period of three months except for complying with condition No.(ii) or to attend any court proceedings.

(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.14 of 2023 of Chathannur Police Station, Kollam City may file an application before the jurisdictional court, for cancellation of bail.