B.A.NO.1826 OF 2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: SOPHY THOMAS
Judgment Date: 2024-03-15
Court Decision / Holding: i. The petitioners shall be released on bail on executing bond for Rs.1,00,000/- each with two solvent sureties each for the like sum to the satisfaction of the trial court. ii. They shall appear before the Investigating Officer on every Friday at 10:30 a.m., starting from 22.03.2024 for a period of 3 months or till the final report is filed, whichever is earlier. iii. They shall not enter the limits of Pulikeezhu Police Station except for appearing before the Investigating Officer, for a period of 3 months or till the investigation is over, whichever is earlier. iv. They shall not contact the victim or her family members, nor harass them, directly or indirectly. v. They shall not influence or intimidate witnesses or tamper with the investigation. vi. They shall surrender their passports before the trial court at the time of executing bond; if they do not have passports, they shall file affidavits to that effect. vii. They shall not leave the State of Kerala without prior sanction from the trial court. viii. They shall not commit any offence while on bail. ix. In case of violation, the trial court is empowered to cancel bail, as per law.
Final Disposition: Bail granted to accused Nos.1 to 4 on stringent conditions.

Parties to the Case

Appellants / Petitioners

Accused Nos.1 to 4

Respondents

State of Kerala (Public Prosecutor)

Case Synopsis & Summary

This is a bail application under Section 439 CrPC filed by accused Nos.1 to 4 in Crime No.33 of 2024, registered at Pulikeezhu Police Station, Pathanamthitta, alleging offences under IPC sections 294(b), 341, 323, 324 and 308 r/w 34. The prosecution alleges that on 08.01.2024 at about 9 p.m. at Mahadeva Hotel, the defacto complainant and his wife were assaulted by the petitioners with dangerous weapons, including a granite stone, a helmet and a wooden stick; the second accused allegedly struck with a helmet, the third with a wooden stick, and the first with a granite stone, while the assault extended to the complainant’s wife and his brothers, with an attempt to kill them. The petitioners were arrested on 09.01.2024 and have remained in judicial custody since. They submit that they are innocent, have cooperated with the investigation, and that continued detention is unnecessary since investigation has progressed substantially and the final report is likely soon. The Public Prosecutor counters that the investigation is progressing and will soon be ready to file a final report. The court agrees that detention is no longer necessary and, in the interest of justice, grants bail on stringent conditions, including bond, appearance on Fridays, travel restrictions within the local area, protection of victims and witnesses, passport surrender, and a power to cancel bail for violation.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Sections 294(b), 341, 323, 324, 308 r/w 34 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submitted that they are absolutely innocent and have been in custody since 09.01.2024; they are ready to comply with any conditions and contend that continued detention is not necessary since the investigation has progressed substantially.

Contentions of Respondents

The Public Prosecutor opposed the bail, stating that the investigation is substantially progressed and a final report will be filed soon.

Extracted Judgment Text

Exact text extracted from official judgment records.

## ## ## ``` B.A.NO.1826 OF 2024 ``` **==> picture [217 x 35] intentionally omitted <==** ``` 2 ``` ``` B.A.NO.1826 OF 2024 ``` ``` 3 ``` ## _**O R D E R**_ ## **Dated this the 15[ th ] day of March, 2024** This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by accused Nos.1 to 4 in Crime No.33 of 2024 of Pulikeezhu Police Station, Pathanamthitta, registered under Sections 294(b), 341, 323, 324 and 308 r/w Section 34 of Indian Penal Code. 2. The prosecution allegation is that on 08.01.2024 at 9.00 p.m., when the defacto complainant and his wife came to Mahadeva Hotel, they found the Manager of that hotel crying, and when they asked for the reason, the accused persons attacked the defacto complainant using dangerous weapons like granite stone, wooden stick etc. The 2nd accused assaulted him using a helmet, the 3rd accused assaulted him with a wooden stick, and the 1st ``` B.A.NO.1826 OF 2024 ``` ``` 4 ``` accused hit on his head with a granite stone. During that transaction, they attacked the wife and brothers of the defacto complainant also, and attempted to kill them. 3. Heard learned counsel for the petitioners and learned Public Prosecutor. 4. Learned Public Prosecutor opposed the bail application. 5. Learned counsel for the petitioners would submit that the petitioners are absolutely innocent of this crime. They were arrested on 09.01.2024 and have been in judicial custody since then. They are ready to abide by any conditions imposed by this Court and their continued detention is not needed, as the investigation has progressed substantially. 6. Learned Public Prosecutor, on instructions, submitted that the investigation has progressed substantially, and final report will be filed soon. 7. Since the investigation is about to be completed and the petitioners are in judicial custody from 09.01.2024 ``` B.A.NO.1826 OF 2024 ``` ``` 5 ``` onwards, this Court is of the view that their continued detention is not necessary for the purpose of investigation, and they can be released on bail, but on stringent conditions. 8. In such circumstances, this Court is inclined to allow this application on the following terms:- i. The petitioners shall be released on bail on executing 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 trial court. ii. Thereafter, the petitioners shall appear before the Investigating Officer on every Friday at 10.30 a.m., starting from 22.03.2024 for a period of 3 months or till the final report is filed, whichever is earlier. iii. The petitioners shall not enter the limits of Pulikeezhu Police Station, except for the purpose of appearing before the Investigating ``` B.A.NO.1826 OF 2024 ``` ``` 6 ``` Officer, for a period of 3 months or till the investigation is over, whichever is earlier. . iv. The petitioners shall not contact the victim or her family members, and shall not cause any kind of harassment to them, either directly or indirectly. v. The petitioners shall not influence or intimidate the witnesses and shall not tamper with the investigation. vi. The petitioners have to surrender their passports before the trial court at the time of executing bond and if they are not having passports, they have to file affidavits to that effect before the trial court. vii. The petitioners shall not leave the limits of State of Kerala without getting prior sanction from the trial court. viii. The petitioners shall not commit any offence while on bail. ``` B.A.NO.1826 OF 2024 ``` **==> picture [12 x 6] intentionally omitted <==** ix. In case of violation of any of these conditions, the trial court is empowered to cancel their bail, in accordance with law. **Sd/SOPHY THOMAS JUDGE** SSK/15/03 ``` B.A.NO.1826 OF 2024 ``` **==> picture [398 x 75] intentionally omitted <==** ``` 8 ```