Sudheer v. State of Kerala

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **THURSDAY, THE 8[TH] DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945 BAIL APPL. NO. 883 OF 2024** **CRIME NO.1215/2023 OF Mathilakom Police Station, Thrissur** ## **PETITIONER/ACCUSED:** SUDHEER, AGED 46 YEARS, S/O. HAMZA THANIKKASSERY HOUSE, ANCHAMPARUTHY DESOM, PANAGHAD VILLAGE, THRISSUR DISTRICT, PIN – 680 665 BY ADV SAIJO HASSAN ## **RESPONDENT/STATE:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031 SR PP SMT SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **..2..** ## **B.A. NO.883 of 2024** ## **C.S.DIAS, J.** **----------------------------------------------------Bail Application No. 883 of 2024 -----------------------------------------------------Dated this the 8[th] day of February, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in crime No.1215 of 2023 of the Mathilakom Police Station, Thrissur, registered against the accused for allegedly committing the offences punishable under Sections 341, 323, 324 and 308 of the Indian Penal Code. 2. The essence of the prosecution case is that: on 27.12.2023 at around 13.45 hours, the accused out of his previous animosity towards the mother of the first informant, hit the mother of the informant (victim), on her head with a tea kettle and caused **..3..** ## **B.A. NO.883 of 2024** injuries to the victim. Had the victim not evaded the attack, it would have resulted in her death. Thus, the accused has committed the above offences. 3. Heard; Sri.Saijo Hassan the learned counsel appearing for the petitioner and Smt.Seetha S, the learned Senior Public Prosecutor. 4. The learned counsel appearing for the petitioner submitted the petitioner is totally innocent of the allegation levelled against him and he has been falsely implicated in the crime. The petitioner has been in judicial custody since 27.12.2023, i.e., for 44 days. The investigation in this case is practically complete. Recovery has been effected. The petitioner's further detention is not required. The petitioner has no criminal antecedents. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. She contended that the investigation is **..4..** ## **B.A. NO.883 of 2024** not complete. She also submitted that the petitioner has committed a serious crime by attacking a woman and caused grevious injuries to the victim. Hence, the application may be dismissed. 6. On a consideration of the facts, the materials placed on record, the rival submissions made across the Bar, especially after comprehending the fact that the petitioner has been in judicial custody since 27.12.2023, the investigation in this case is practically complete, the absence of materials to substantiate the injuries sustained by the victim, that the recovery has been effected and that the petitioner has no criminal antecedents, I am of the firm view that the petitioner is entitled to be released on bail. Hence, I am inclined to allow the bail application. 7. In the result, the application is allowed, by directing the petitioner to be released on bail on him **..5..** ## **B.A. NO.883 of 2024** executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) 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 petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required; (ii) The petitioner 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 him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioner shall not commit any offence **..6..** ## **B.A. NO.883 of 2024** while he is on bail; (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; (vi) 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. (viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even **..7..** ## **B.A. NO.883 of 2024** while the petitioner is on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663]** . **Sd/C.S.DIAS JUDGE** ## **PR** **..8..** ## **B.A. NO.883 of 2024** ## **APPENDIX OF BAIL APPL. 883/2024** PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE ASTER MEDCITY HOSPITAL DATED 31.01.2018 Annexure 2 TRUE COPY OF THE CASE SUMMARY AND DISCHARGE RECORD DATED 18.12.2019 Annexure 3 CERTIFIED COPY OF THE ORDER DATED 24.01.2024 IN CRL MP NO. 108/2024 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR IN CRIME NO. 1215/2023 OF MATHILAKAM POLICE STATION