Gokul vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 2nd accused in Crime No. 562 of 2021 of Peechi Police Station, Thrissur District, alleging commission of offences under Sections 354, 366, 452 & 511 r/w Section 34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner together with the 1st accused in the case trespassed into the house of the de facto complainant, caught hold of her hands and dragged her outside and to the road and caused injuries out of animosity arising from the refusal of the de facto complainant to marry the 1st accused in the case.

The learned counsel for the petitioner submits that the allegations are totally false and fanciful. It is submitted that the petitioner had only accompanied the 1st accused, who had gone to the house of the de facto complainant to convince her to marry him. It is further submitted that the only allegation against the petitioner is that the petitioner had caught hold of the hands of the de facto complainant and pulled her out of the house. It is also submitted that no criminal antecedents have been reported against the petitioner. It is further submitted that the petitioner is only 21 years of age. It is submitted that the 1st accused in the case has already been granted bail after 22 days in custody. It is pointed out that the petitioner has completed 29 days in custody.

The learned Public Prosecutor points out that crux of the allegations are against the petitioner/2nd accused. It is submitted that going by the statement of the de facto complainant, she suffered injuries owing to the action of the petitioner/2nd accused. It is further submitted that the de facto complainant was pulled out of the house and was also dragged to the road by the petitioner. It is submitted the petitioner is not entitled to bail at this point of time.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has completed 29 days in custody and considering the fact that the 1st accused has already been granted bail, I am of the view that the petitioner also can be granted bail, subject to conditions.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(a) The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(b)Petitioner shall appear before the investigating officer in Crime No. 562 of 2021 of Peechi Police Station, Thrissur District, whenever called upon to do so;

(c) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No. 562 of 2021 of Peechi Police Station, Thrissur District;

(d)The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 562 of 2021 of Peechi Police Station, Thrissur District, may file an application before the jurisdictional court for cancellation of bail.