Sandhu M Thomas vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the 2nd accused in Crime No.48/2024 of Manimala Police Station, Kottayam registered under Sections 452, 294(b), 506(ii), 308 read with Section 34 of IPC.

The prosecution allegation is that, on 16/1/2024 at about 2.00 pm, the 1st accused trespassed into the house of the defacto complainant, and demanded a glass and water for consuming liquor, and when she refused, the 1st accused abused her in filthy language, brandished a knife against her head, and the 2nd accused showered abuses on her, and criminally intimidated her. The petitioner (A2) was arrested on 16/1/2024, and he was remanded to judicial custody.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned counsel for the petitioner would submit that, so far investigation is not completed, and final report is not filed in Crime No.48/2024. So he is entitled for statutory bail.

Learned counsel for the petitioner produced a copy of order dated 19/3/2024 in BA No.2041/2024 by which the 1st accused in Crime No.48/2024 was granted statutory bail as investigation was not completed, within 60 days as envisaged under Section 167(2) of Cr.P.C.

Learned Public Prosecutor on instructions submitted that, investigation is not yet completed, and final report is not filed. So, the petitioner is entitled to be released on statutory bail. Hence this application is allowed, on the following conditions:-

(i). The petitioner shall be released on bail on executing bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

(ii) The petitioner shall appear before the investigating officer as and when directed.

(iii) . The petitioner shall not contact the defacto complainant or her family members and shall not cause any kind of harassment to them, directly or indirectly.

(iv). The petitioner shall not influence or intimidate the witnesses or tamper with the investigation.

(v). The petitioner has to surrender his passport before the trial court at the time of executing the bond and if he is not having a passport, he has to file an affidavit to that effect.

(vi). The petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court.

(vii). The petitioner shall not commit any offence while on bail.

(viii). In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.