Vishnu (Accused No.1) v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen
Judgment Date: 2023-02-21
Court Decision / Holding: Petition allowed; the petitioner Vishnu is released on bail on execution of a bond for Rs. 50,000 with two solvent sureties, and subject to conditions: (i) no witness intimidation or tampering; (ii) cooperation with investigation; (iii) weekly appearances before the Investigating Officer on Wednesdays for six weeks between 10:00 a.m. and 1:00 p.m.; (iv) no inducement or promises to witnesses; (v) no involvement in other crimes during the bail period; breach of any condition may lead to cancellation of bail.
Final Disposition: Bail Granted

Parties to the Case

Appellants / Petitioners

Vishnu

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• K.R. Vinod
• Chithra C. Edadan
• M.S. Letha
• Nabil Khader

Counsels for Respondents

• Public Prosecutor, High Court of Kerala

Case Synopsis & Summary

This is a regular bail application under Section 439 CrPC by Vishnu, the first accused in Crime No. 1957/2022 of Sasthamcotta Police Station, Kollam. The prosecution alleges that on the night of 29.12.2022, Vishnu and another accused restrained the defacto complainant with a common intention to cause harm, with the second accused beating and pushing the complainant and Vishnu delivering injuries with a freewheel, resulting in serious injuries to the complainant and another witness. The offences comprise IPC sections 294(b), 323, 324, 326, 341, and 307 read with 34, with a prior 308 IPC incident mentioned, indicating a pattern of violence. The petitioner claims innocence, highlighting that he was arrested on 07.01.2023 and that investigation is progressing; reference is made to the bail granted to the co-accused in a separate order. The Public Prosecutor counters that the assault produced serious injuries (28 stitches on the head and 19 on the face) and that premature release would adversely affect the ongoing investigation. After evaluating the case diary, the court notes the gravity of the alleged offences, yet considers the petitioner’s custody since 07.01.2023 and the need to protect the investigation. The court grants bail with stringent conditions, including bonds, non-interference with witnesses, cooperation, periodic appearances before the IO for six weeks, and a prohibition on committing further crimes during bail, with cancellation if violated.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure (CrPC)Sections 294(b), 323, 324, 326, 341, 307 read with 34 of the Indian Penal Code (IPC)Section 308 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends innocence and asserts the allegations are false. He was arrested on 07.01.2023 and maintains that investigation is progressing. He points to the bail granted to the second accused in a separate order dated 16.02.2023 and argues against premature detention, asserting no criminal history beyond the alleged incident and that a bail regime with appropriate conditions should suffice to ensure cooperation with the investigation and trial.

Contentions of Respondents

The Public Prosecutor opposes bail, contending the accused inflicted serious injuries requiring extensive stitches; the second accused received bail due to lesser involvement, but the petitioner’s alleged conduct—repeated involvement in 2022 including another crime (Crime No. 1372 of 2022) under IPC sections 294(b), 323, 324, 308 r/w 34—warrants continued detention pending investigation. Premature release could undermine ongoing investigation and the safety of witnesses; stringent conditions are warranted but bail is not denied outright given the stage of investigation.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 21[ST] DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 BAIL APPL. NO. 512 OF 2023** **CRIME NO. 1957/2022 OF SASTHANCOTTAH POLICE STATION, KOLLAM** ## **PETITIONER/ACCUSED NO.1:** **VISHNU AGED 32 YEARS S/O VENUGOPAL NAIR, KOCHUTHUNDIL VEEDU, KUNNATHOOR P.O, KOLLAM DISTRICT, PIN - 690540** **BY ADVS. K.R.VINOD CHITHRA C.EDADAN M.S.LETHA NABIL KHADER** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** ## **OTHER PRESENT:** **SR PP SRI P G MANU** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **BAIL APPL. NO. 512 OF 2023** 2 ## **A. BADHARUDEEN, J.** **-------------------------------------------------** ## **B.A.No.512 of 2023** **-------------------------------------------------** Dated this the 21[st] day of February, 2023 ## **O R D E R** This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the petitioner who is the first accused in Crime No.1957 of 2022 of Sasthamcotta Police Station, Kollam. 2. Heard the learned counsel for the petitioner and also the learned Public Prosecutor. 3. I have perused the Case Diary materials produced by the learned Public Prosecutor. 4. The prosecution case is that, at 9.30 p.m. on 29.12.2022, accused Nos.1 and 2 wrongfully restrained the defacto complainant with intention to do away him, after sharing common intention to do so, due to previous animosity. Further allegation is that the second accused **BAIL APPL. NO. 512 OF 2023** 3 beat and pushed down the defacto complainant and at this juncture, the first accused beat on the head and face of the defacto complainant by using a freewheel and the same caused very serious injuries to the defacto complainant, though he survived. On this premise, prosecution alleges commission of offences punishable under Sections 294(b), 323, 324, 326, 341 and 307 r/w 34 of the Indian Penal Code. 5. It is submitted by the learned counsel for the petitioner that the petitioner is innocent. According to him, the allegations are false. It is submitted that the petitioner was arrested on 07.01.2023 and investigation has achieved substantial progress. He also pointed out the release of the second accused on bail by this Court as per order dated 16.02.2023 in B.A.No.1087 of 2023. 6. While opposing bail, the learned Public Prosecutor would submit that the second accused was granted bail by this Court noticing his complicity on a **BAIL APPL. NO. 512 OF 2023** 4 lesser compass and the specific allegation against the petitioner herein is that he had inflicted serious injuries warranting 28 stitches on his head and 19 stitches on his face. Therefore, premature release of the petitioner would adversely affect the investigation. The learned Public Prosecutor also pointed out his involvement in another crime during 2022 itself as per the Crime No.1372 of 2022 alleging commission of offences punishable under Sections 294(b), 323, 324, 308 r/w 34 of IPC. 7. On perusal of the case diary, submission made by the learned Public Prosecutor appears to be convincing. It is to be noted that, as a result of attack at the instance of the petitioner and the first accused, two persons sustained injuries. The injured persons are Abhimanyu and Neeraj. In the wound certificate of Abhimanyu, three injuries noted. Similarly, in the wound certificate of Neeraj also, three injuries noted. Thus, **BAIL APPL. NO. 512 OF 2023** 5 the prosecution case is well made out and the complicity of the petitioner herein is not on part with the 2[nd] accused and the petitioner caused multiple injuries to the injured persons by using a freewheel. 8. This is the second crime allegedly committed by the petitioner during the year 2022 itself involving offence under Section 308 of IPC where the former crime involves offence under Section 307 of IPC. The attitude of the petitioner in repeatedly involving in crimes is a matter of serious concern. However, in consideration of the progress of investigation and his custody from 07.01.2023, the petitioner can be enlarged on bail by imposing stringent conditions and one among the conditions is that he shall not involve or indulge any other crime during the currency of this bail and any such event, if reported or came to the notice of this court, the same by itself is a reason to cancel the bail hereby granted. Therefore, this petition stands allowed and the **BAIL APPL. NO. 512 OF 2023** 6 - petitioner is released on bail on the following conditions: - i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the - satisfaction of the jurisdictional court concerned. - ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. - iii. The petitioner shall appear before the Investigating Officer as and when directed and to appear before the investigating officer on every Wednesday in between 10.00 a.m and 01.00 p.m. for a period of six weeks. - iv. The petitioner shall not, directly or **BAIL APPL. NO. 512 OF 2023** 7 indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer. v. The petitioner shall not involve or indulge in any other crime during the currency of bail and any such event, if reported or came to the notice of this court, the same by itself is a reason to cancel the bail hereby granted. Sd/- **A. BADHARUDEEN, JUDGE** AS **BAIL APPL. NO. 512 OF 2023** 8 ## **APPENDIX OF BAIL APPL. 512/2023** **PETITIONER'S ANNEXURES:** **ANNEXURE A1 THE COPY OF FIR IN CRIME NO. 1957/2022 OF SASTHANCOTTAH POLICE STATION, KOLLAM RURAL** **ANNEXURE A2 THE TRUE COPY OF THE ORDER IN C.M.P. NO.202/2023 IN CRIME NO.1957/2022 OF SASTHANCOTTAH POLICE STATION, KOLLAM RURAL OF THE JUDICIAL MAGISTRATE OF FIRST CLASS [TEMPORARY], SASTHAMKOTTAH DATED 11.01.2023**