Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 BAIL APPL. NO. 839 OF 2024 CRIME NO.1227/2023 OF CHANDERA POLICE STATION, KASARGOD AGAINST THE ORDER IN CRMC 43/2024 OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD PETITIONERS:
1 DHANESH K AGED 40 YEARS SON OF MOHANAN, RESIDING AT KUTTIYAT HOUSE, KOYONKARA, NORTH THRIKKARIPUR, NORTH THRIKKARIPUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671310 2 JAYAN K AGED 37 YEARS SON OF KUNHIKANNAN, RESIDING AT KOOVARATH HOUSE, KOYONKARA, NORTH THRIKKARIPUR, NORTH THRIKKARIPUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671310 BY ADVS. T.MADHU C.R.SARADAMANI RENJISH S. MENON VRINDA T.S. AISWARYA JAYAPAL
RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP SRI C S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 7th day of February,2024
ORDER
The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused Nos. 1 & 2 in Crime No.1227/2023 of Chandera Police Station, Kasaragod, registered against the accused(three in number) for allegedly committing the offences punishable under Sections 341, 323, 324, 506(ii) & 308 read with Section 34 of the Indian Penal Code,1860. The petitioner was arrested on 28.12.2023.
2. The prosecution case, in brief, is that: around 21.30 hours, on 25.12.2023, out of the previous animosity with the de-facto complainant, the first
accused wrongfully restrained the de-facto complainant and the accused Nos.2 & 3 beat him with their hands and the first accused hit him with a wooden piece and the third accused threw a stone on the de-facto complainant and his friend. Thereafter, -:3:- they threatened to kill the de-facto complainant and his friend. Thus, the accused have committed the above offences.
3. Heard; Sri. T.Madhu, the learned counsel appearing for the petitioners and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor appearing for the respondent.
4. The learned counsel appearing for the
petitioners submitted that the petitioners are totally innocent of the accusation levelled against them. They have been falsely implicated in the crime. They have been in judicial custody since 28.12.2023, which is more than 41 days. The investigation in the case is complete and the final report has been laid. Therefore,
the petitioners’ further detention is unnecessary. Hence, the application may be allowed.
5. The learned Public Prosecutor opposed the application. Nonetheless, he conceded to the fact that -:4:- the investigation is complete and the final report has been laid. He made available the accident register-cum-wound certificate of Abhijith dated 25.12.2023 issued by the Taluk Hospital, Trikaripur.
6. On a consideration of the facts, the materials
placed on record, the rival submission made across the Bar, and particularly after going through accident register-cum-wound certificate of the injured which shows that the injured had only suffered minor injuries and, that the investigation in the case is complete, that the final report has been filed and further, the
petitioners have been in judicial custody since 28.12.2023, I am of the definite view that the petitioners’ further detention is unnecessary. Hence, I am inclined to allow the bail application.
In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand -:5:- only) each with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:
(i) The petitioners shall appear before the
Investigating Officer on every Saturdays between 9 a.m. and 11 a.m for a period of one month or till the final report is filed, whichever is earlier. They shall also appear before the Investigating Officer as and when required;
(ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so
as to dissuade them from disclosing such facts
to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;
(iii) The petitioners shall not commit any offence while they are on bail;
(iv) The petitioners shall surrender their passport, if any, before the court below at the time of execution of the bond. If they have no passport, -:6:- they shall file affidavits to the effect before the court below on the date of execution of the bond;
(v) In case of violation of any of the conditions
mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. (vii)Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. Sd/- C.S.DIAS,JUDGE DST/07.02.24 //True copy// P.A. To Judge