Ramakrishnan vs The State of Kerala

P. Bhavadasan, J.—In respect of an incident which took place on 23.12.2012, a case and a counter case have been registered. The petitioner is the accused in Crime No. 228/2012 of Vechuchira Police Station, who is alleged to have committed the offences punishable under Sections 308 and 294(b) r/w 34 of IPC. Learned counsel for the petitioner pointed out that it was in fact the petitioner and his wife who were brutally attacked by the de facto complainant and counter case has been registered for the offences punishable under Sections 341, 294(b), 323, 324 r/w 34 of IPC. Learned counsel for petitioner pointed out that incorporation of Section 308 is a deliberate attempt to see that the petitioner is denied bail. At any rate, according to the petitioner, his continued custody is unnecessary. It is further pointed out that the petitioner was arrested from the hospital.

Learned Public Prosecutor opposed the petition pointing out that investigation is still going on. CD was made available for perusal. On going through the CD, it seems to be that there is some force in the contentions of the petitioner. There is a counter case registered against the de facto complainant regarding the same incident.

At any rate, considering the fact that the petitioner has been in custody for some time and investigation must have been progressed to a good extent and also the fact that no apprehension has been expressed by the investigating agency that if released on bail the petitioner is likely to abscond, it is felt that continued custody of the petitioner is unnecessary. The petition is allowed as follows:

(1) The petitioner shall be released on bail on his executing a bond for Rs. 10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM-I, Ranni.

(2) The learned JFCM shall ensure the identity of the sureties and also the veracity of the tax receipts produced by them before granting bail to the petitioner.

(3) The petitioner shall report before the Investigating Officer on every Wednesday between 9 a.m. and 10 a.m., till final report is filed.

(4) The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

(5) If any of the condition is violated by the petitioner, the bail granted shall stand cancelled and the learned Magistrate concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.