Vipinraj v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 13[TH] DAY OF FEBRUARY 2024 / 24TH MAGHA, 1945 BAIL APPL. NO. 1076 OF 2024 ``` ``` CRIME NO.80/2024 OF Aryancode Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT CMP 743/2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,NEYYATTINKARA ``` ## **`PETITIONER/S:`** ``` VIPINRAJ, AGED 19 YEARS S/O. SOUNDER RAJAN, RAJ HOUSE, VIVEKANANDA LANE, MANCHA, NEDUMANGADU, KARIPPOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695541 ``` ``` BY ADVS. ``` ``` K.K.DHEERENDRAKRISHNAN N.P.ASHA ``` ## **`RESPONDENT:`** ``` STATE OF KERALA ``` ``` REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` sr pp smt neema t v ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A No.1076/2024 2 ## **C.S.DIAS, J.** ## **================== Bail Application No.1076 of 2024 ================== Dated this the 13[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.80/2024 of Aryancode Police Station, Thiruvananthapuram, registered alleging offences punishable under Secs.294(b), 341, 323, 324 and 308 of the Indian Penal Code. The petitioner was arrested on 01.02.2024. 2. The gist of the prosecution case is that on 31.01.2024 at about 4.45 pm, the accused due to a previous animosity with the defacto complainant (injured) hit the injured with an iron rod and the same was evaded by him and thereafter the accused wrongfully restrained him and fisted on his chest, forehead and nose resulting in an injury and breaking of his spectacles. Thus the accused committed the above offences. B.A No.1076/2024 3 3. Heard; Sri K K Dheerendrakrishnan, the learned counsel appearing for the petitioner and Smt.Neema T.V, the learned Public Prosecutor appearing for the respondent. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him and he has been falsely implicated in the crime. Even if the allegations in Annexure 1 FIR are taken on its free value the offences will not be attracted, as there is no material to substantiate that the injured has suffered any grievous hurt. At any rate, the petitioner has been in judicial custody since 02.02.2024. The investigation in the case is practically complete. Hence, the petitioner is entitled to be released on bail. 5. The learned Public Prosecutor opposed the bail application. She contended that the investigation in the case is practically complete. She also contended that the petitioner’s application for bail was rejected by the learned Magistrate as as per Annexure IV order on the finding that there is an overt act alleged against the B.A No.1076/2024 4 petitioner. The learned Magistrate dismissed the bail application stating that if the petitioner is released on bail at the said stage there us every chance that he may tamper with evidence and threaten and influence the witnesses, which will definitely affect the progress of investigation. 6. The predicate offence alleged against the petitioner is under Section 308 of the Indian Penal Code. The Investigating Officer has not made available the materials to substantiate the injury sustained by the injured. Hence I am of the view that the petitioner’s further detention is not necessary. 7. On a consideration of the facts and the materials placed on record, especially taking note of the fact that the petitioner is in judicial custody since 02.02.2024 and investigation in this case has progressed, I am of the view that the petitioner can be released on bail. 8. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand B.A No.1076/2024 5 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 them 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 while he is on bail; (iv) The petitioner shall surrender his passport, if B.A No.1076/2024 6 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; (v) The petitioner shall furnish his present address and permanent address, and his mobile phone number to the court below and the Investigating Officer; (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 B.A No.1076/2024 7 matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even 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** jma/13.02 B.A No.1076/2024 8 ## **`APPENDIX OF BAIL APPL. 1076/2024`** ``` PETITIONER ANNEXURES Annexure-IA TRUE COPY OF THE FIR IN CRIME NO. 80/2024 OF ARYANCODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT ``` ``` Annexure-IIA TRUE COPY OF THE IDENTITY CORD OF THE PETITIONER Annexure-IIIA TRUE COPY OF THE NOTIFICATION ISSUED BY THE UNIVERSITY OF KERALA DATED 04.01.2024 ``` ``` Annexure-IVTRUE COPY OF THE ORDER DATED 06.02.2024 IN CMP NO. 743/2024 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEYYATTINKARA ```