Pradeepchandran @ Biju vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.2966/2021 of Neyyattinkara Police Station alleging commission of offences under Sections 324, 341 &

307 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is that on the day previous to the date of marriage of his daughter, owning to some arguments with daughter

and son, the petitioner attacked and seriously injured his wife, his daughter and his son and thereby he committed the offences alleged against him.

The learned counsel for the petitioner submits that even going by the wound certificates in respect of his wife, daughter and son, alleged serious

injury is only in respect of the petitioner's son. It is submitted that the injuries in respect of his wife and daughter are minor. It is submitted that a final

report has already been filed and continued detention of the petitioner is not necessary in the facts and circumstances of the case. It is submitted that

the incident complained of is at best a result of a sudden and grave provocation and the petitioner is absolutely innocent in the matter.

The learned Public Prosecutor on instructions would submit that the daughter of the petitioner had asked him to arrange a car to go to the temple

for the purposes of marriage function on the next day, the petitioner had without any provocation attacked his wife, his son and his daughter and

caused injuries on them. It is also submitted that a final report has already been filed in the matter and the investigation conducted revealed that the

petitioner was guilty of the offences alleged against him.

The petitioner has been in custody from 24-11-2021. Since a final report has already filed in the matter the continued detention of the petitioner is

not necessary for the purpose of any investigation, I am of the view that the petitioner can be granted bail subject to conditions including a condition to

ensure that the petitioner will not enter local limits of the police station within whose jurisdiction his wife and children are residing.

In the result this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-

(i) 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;

(ii) The Petitioner shall report before the Investigating officer in Crime No.2966/2021 of Neyyattinkara Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant, any of his family members or any witness in

Crime No.2966/2021 of Neyyattinkara Police Station;

(iv) The petitioner shall not enter the local limits of Neyyattinkara Police Station except for the purpose of complying with condition No.(ii) above;

(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.2966/2021 of Neyyattinkara Police Station may file an application

before the jurisdictional Court for cancellation of bail.