Yadhu Krishnan G Alias Vishnu vs State Of Kerala

Dr. Kauser Edappagath, J

This is the second bail application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the accused No.2 in Crime No.1393/2023 of Thiruvalla Police Station. The offences alleged are punishable under Sections 307, 328, 120(B), 341, 323, 324, 308 and 427 read with Section 34 of the Indian Penal Code.

The prosecution case, in short, is that on 12.10.2023 at 3.30 p.m, near Pazhampilly Mammattikkavala, the applicant along with other accused wrongfully restrained the de-facto complainant and assaulted him with an iron rod after sprinkling chilly powder on his eyes with intention to kill him and thereby committed the offences.

I have heard Sri.Sasith M R, the learned counsel for the applicant and Sri. Sanal P. Raj, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 24.10.2023. All the remaining accused are already on bail. The investigation is almost over. It is true that the applicant has criminal antecedents. However, considering the fact that the applicant is in custody for the last 84 days, that the remaining accused are on bail and that the major part of the investigation is over, I am of the view that further detention of the applicant is not necessary. In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not 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.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.