Abdulla.K @ Andanhi vs State Of Kerala

A. Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioner is the accused in crime No.703/2022 of Adhur Police Station.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

Perused the case diary and the materials placed by the learned Public Prosecutor. The prosecution allegation is that, at about 16.00 hours on 27.12.2022, the accused herein wrongfully restrained the defacto complainant and his brother on the allegation that they have plucked arecanuts from the property of the accused and abused them. Thereafter, the accused manhandled the defacto complainant and his brother with intention to do away them.

In the above set of facts, the prosecution alleges commission of offences punishable under Section 341, 342, 324, 506 and 308 of IPC.

The learned counsel for the petitioner submitted that, the entire allegations are false and no serious injuries also caused. The learned counsel for the petitioner also pointed out that the accused has been in custody from 29.12.2022 onwards, while pressing for bail to the petitioner who has no criminal antecedents.

The learned Public Prosecutor opposed bail highlighting that there are materials in abundance to see commission of offences by the accused prima facie. She also submitted that, the copy of wound certificate also would justify that, Jahad sustained four contusion on his right thigh, right leg, right shoulder and right upper back.

Since the petitioner is a first time offender and the motive behind the crime is the allegation of stealing of arecanuts from the property of the accused, read along with the substantive improvement in the investigation, I am of the view that, further custody of the petitioner, for the purpose of investigation is not necessary and he can be enlarged on bail. Therefore, this petition stands allowed. The petitioner is enlarged on bail on 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, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of one month.

iv. The petitioner shall not, directly or 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 in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.