Ananthu Prasad vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 2nd accused in Crime No.914 of 2022 of Thalayolaparambu Police Station registered for the offences punishable under Sections 294(b), 323, 354, 332 and r/w.Section 34 of the Indian Penal Code, 1860 and also under Sections 119(a) & (b) of the Kerala Police Act, 2011.

The prosecution case is that, on 16.07.2022 at about 9.30 p.m., the accused abused and assaulted the defacto complainant while she was working as a conductor in a K.S.R.T.C bus and thereby committed the offences as alleged.

Smt.Anila Antony, the learned counsel for the petitioner, submitted that the prosecution allegations are false and that no incident as alleged had occurred. It was also submitted that the first accused had already been granted bail and that petitioner was arrested on 17.07.2022 and has been in custody since then.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that the petitioner is alleged to have committed a serious offence and he is also involved in two other crimes of a similar nature as Crime Nos.544/2013 and 684/2015 of the very same Police Station.

I have perused the statement given by the victim.

On an appreciation of the contentions raised by the learned counsel for the petitioner as well as the learned Public Prosecutor, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offence while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.