Abhilash Mohan vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sixth accused in Crime No.1393/2023 of Thiruvalla Police Station, Pathanamthitta, registered against the accused (seven in number) for allegedly committing the offences punishable under Sections 120(B), 328, 341, 323, 307 & 427 read with Section 34 of the Indian Penal Code, 1860. The petitioner was arrested on 10.01.2024.

The gist of the prosecution case, is that:on 12.10.2023, at about 3.30 p.m., the accused wrongfully restrained the de-facto complainant and assaulted him with an iron rod after sprinkling chilly powder on his eyes with an intention to kill him. Thus, the accused have committed the above offences.

Heard; Sri. M.R. Sasith, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Senior Public Prosecutor appearing for the respondent.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusation levelled against him. He has been falsely implicated in the crime. There is no specific overt acts alleged against the petitioner. By order in B.A.No.10260/2023 dated 01.12.2023, this Court has released the accused Nos. 3 & 4 on bail. The petitioner is at par with the said accused. The investigation in the case is complete and the recovery has been effected. The petitioner’s further detention is unnecessary. Hence, the bail application may be allowed.

The learned Public Prosecutor opposed the application. She contended that the accused have committed a very heinous crime. Nonetheless, she conceded to the fact that the investigation in the case is practically complete, the recovery has been effected and further that accused Nos.3 & 4 have been enlarged on bail by this Court.

On an anxious consideration of the facts, the materials placed on record, the rival submission made across the Bar, especially after taking note of the fact that this Court has released the accused Nos.3 & 4 on bail and that the petitioner is seen to be at par with the accused, I am of the definite view that the petitioner’s continued detention is unnecessary. Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh 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 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 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;

(v) 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.