Biju @ Janmi Biju vs State Of Kerala

Dr. Kauser Edappagath, J

This is the second bail application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the sole accused in Crime No.1350/2023 of Thalassery Police Station. The offences alleged are punishable under Sections 341, 353, 332 and 506(i) of the Indian Penal Code.

The prosecution case, in short, is that on 5/10/2023 at noon, in front of the gate of Special Sub Jail, Thalassery, the applicant assaulted one Prasad and on receipt of the information, the de-facto complainant, who is the ASI of Police and party came to the spot by 4.00 p.m and thereafter the applicant wrongfully restrained and assaulted the de facto complainant and others, obstructed him from discharging his official duty and thereby committed the offences.

I have heard Sri.Cibi Thomas, the learned counsel for the applicant and Sri.Alex M.Thombra, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 5/10/2023. Since then, he is in custody. The learned Public Prosecutor submits that the investigation is over and final report has already been filed. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail on executing a bond for `1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall not commit any offence of a like nature while on bail.

(iii) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(v) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.