Jijo Babu vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the sole accused in Crime No.801 of 2022 of Valiyathura Police Station, Thiruvananthapuram District registered for offences punishable under Sections 332 & 506 (ii) of the Indian Penal Code and Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution allegation is that on 11/09/2022, the Sub Inspector of Police, Valiyathura Police Station and party went in search of the accused to his house, doubting that he has committed the offence under the POCSO Act. When the police party reached the house and enquired to the accused, he brandished a knife and threatened them. When the accused attempted to escape, the police party chased him. While so, the accused using a stone hit on the face of a Civil Police Officer and pelted stones at the Sub Inspector. It is further alleged that on receiving the said information, another Sub Inspector of Police went to the spot and found the accused nabbed by the Civil Police Officer and another Sub Inspector. He then enquired the details of the accused to him and also about the injury found on his body. He after seizing the knife from the accused conducted his body search and found a cover from his pocket. On questioning, the accused confessed that the cover contains narcotic substance named MDMA, which was weighed to be 1.02 gms. Hence, the offence.

The learned counsel for the petitioner contended that the petitioner is innocent of the allegations and he is falsely implicated in the abovesaid crime. On 11.09.2022, the petitioner was called to the police station by the Sub Inspector of Police, Valiyathura. On reaching the police station, it was informed to him that his neighbour has lodged a complaint against him that he scolded his daughter. When the petitioner refuted the said allegation, he was beaten by an identifiable Civil Police Officer. When he objected it, the police party present in the police station brutally assaulted him. The petitioner was handcuffed. Due to the severity of the assault, the petitioner tried to run out of the station. When the police party tried to intercept him, two among the police officer sustained injury, since the handcuff hit on their face. The petitioner was arrested on 11.09.2022 and is in custody since then.

Learned Senior Public Prosecutor seriously opposed the application for bail. On 11.09.2022 the police went to the house of the petitioner for enquiry of a POCSO case. The petitioner threatened them with a knife and attempted to escape. When the police party chased him, he hit on the face of the CPO and pelted stones on the Sub Inspector. Thereafter police party went to the spot and seized the knife and 1.02 gms of MDMA from the accused. It is further submitted that the petitioner is involved in four other criminal cases. Learned Senior Public Prosecutor submits that investigation is going on and the bail application may be dismissed.

It is seen that the petitioner is in custody from 11.09.2022. Even though it is stated that the petitioner is involved in few other cases, I am of the opinion that further detention is not required for the purpose of the investigation. Therefore, I am inclined to grant bail to the petitioner, but considering the criminal antecedents, the same shall only be on the following stringent conditions.

(I) The petitioner shall execute a 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;

(ii) Petitioner shall appear before the investigating officer in Crime No. 801 of 2022 of Valiyathura Police Station, on every Saturday at 11.00 a.m. till filing of the charge sheet;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No. 801 of 2022 of Valiyathura Police Station;

(iv) The petitioner shall not enter into the jurisdictional limit of the Valiyathura Police Station for a period of 2 months, except for complying with condition No.(ii) or to attend any court proceedings.

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 801 of 2022 of Valiyathura Police Station may file an application before the jurisdictional court, for cancellation of bail.