Nellikka Uthaman vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 1st accused in Crime No.670/2021 of Kannavam Police Station registered alleging commission of offences punishable under Sections 143, 147, 341, 294(b), 334 and 353 read with Section 149 of the Indian Penal Code and Section 4(2)(e)(i) read with Section 3(1) of the Kerala Epidemic Diseases Act.

Prosecution allegations is that on 01.10.2021 at 6.45 p.m. at Kottayil in Kannavam amsom while the Sub Inspector of Police, Kannavam along with his party was conducting law and order patrol duty, accused Nos.1 to 4 and other 16 identifiable accused, formed themselves into an unlawful assembly and in prosecution of the common object the said assembly wrongfully restrained the Sub Inspector of Police, Kannavam, showered abuses against him and assaulted him and twisted his hands and thereby deterred him from discharging his official duty and thus committed the abovesaid offences.

Petitioner was arrested on 17.05.2022 and is in custody since then. Though the petitioner moved an application for bail before Sessions Court, Thalassery, the same was rejected by Annexure A2 order. Petitioner further submits that in fact the petitioner was arrayed as accused in Crime No.670/2021 of Kannavam Police Station alleging that he is a part of an unlawful assembly, who assaulted the Sub Inspector of Police, Kannavam and thereby obstructed his official duty. In fact the petitioner is an innocent person and he is actually not involved in the alleged crime. The petitioner is not even a member of the alleged unlawful assembly and has not shared any common intention with the other accused. The investigation of the case is already completed and no further custody of the petitioner is required. His formal arrest was recorded on 17.05.2022 while undergoing conviction in S.C.No.428/2010 as part of larger conspiracy to deny parole to the petitioner.

The application was seriously opposed by the learned Public Prosecutor mainly contending that petitioner was a convict in SC No. 428/2010 alleging commission of offences punishable under Section 302 IPC and was undergoing imprisonment and while so he was granted parole and while in parole the present offence is committed. The learned public prosecutor further submits that the investigation is over in the present case and charge sheet is already filed.

Having regard to the facts and circumstances of the case and taking into consideration the fact that charge sheet is already laid, the continued detention of the petitioner is not required in the present case (Crime No.670/2021 of Kannavam Police Station). In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

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

(ii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iii) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.670 of 2021, Kannavam Police Station, Kannur may file an application before the jurisdictional court, for cancellation of bail.