C.S.Dias, J
1. The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 1st accused in Crime No.2187/2023 of the Punalur Police Station, Kollam, registered against the accused (three in number), alleging them to have committed the offences punishable under Sections 447, 323, 324 and 308 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was arrested on 12.12.2023.
2. The gist of the prosecution case is that:at 5 p.m. on 10.12.2023, the accused 1 and 2 along with the brother of the 1st accused restrained the defacto complainant's brother and assaulted him since he preferred a complaint before the Police. Out of this animosity, the accused trespassed into the house of the defacto complainant and caused hurt to his brother on 10.12.2023 with deadly weapons. The 1st accused caught hold of the defacto complainant's shoulder and attempted to hack his brother with a sword. Since the defacto complainant pushed aside his brother, the sword fell on the neck of the defacto complainant. The 2nd accused hit on the eye brow of the defacto complainant with a hammer. Thus, the accused have committed the above offences.
3. Heard; Sri.K.Siju, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Public Prosecutor.
4. The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations leveled against him. Annexure A2 FIR has been registered at the instance of the petitioner against the defacto complainant and others for causing injuries to the petitioner in the very same incident. In fact the petitioner has also sustained injuries. It is only as a counter blast to the injuries caused to the defacto complainant that Annexure A1 has been registered. The petitioner has been in incarceration since 12.12.2023, which is more than a month. The investigation of the case is practically complete. The petitioner's further detention is unnecessary. The petitioner is willing to abide by any stringent conditions that may be imposed by this Court. Hence, the bail application may be allowed.
5. The learned Public Prosecutor opposed the application. She contended that the investigation is still in progress. Nonetheless, she conceded to the fact that the petitioner has been in judicial custody since 12.12.2023 and Annexure A2 FIR has been registered on the very same set of allegations against the defacto complainant and others.
6. After bestowing my anxious consideration to the materials placed on record, particularly taking note of Annexure A2 FIR and the fact that the petitioner is in judicial custody since 12.12.2023 and that the investigation in the case is practically complete, I do not find any purpose for the continued detention of the petitioner in jail. Thus, I hold that the petitioner is entitled to be released on bail.
In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:
(i) The petitioner shall appear before the Investigating Officer on every alternate Saturdays between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. And he shall also appear before the Investigating Officer as and when required;
(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any
Police Officer or tamper with the evidence in any manner, whatsoever;
(iii) The petitioner shall not commit any offence while he is on bail;
(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;
(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law;
(vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below;
(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663].
