Gopinath P., J
1. This is an application for regular bail.
2. The petitioner is the 2nd accused in Crime No.247 of 2022 of Palarivattam Police Station, Ernakulam District, alleging commission of offences
under Sections 308, 353 and 34 of the Indian Penal Code and Section 3(2)(e) of the Prevention of Damage to Public Property Act. The prosecution
case in brief is that when the petitioner and the other accused in the case were travelling in a mini lorry, which was being driven in a rash and
negligent manner it was signalled to stop by the police officials attached to the Palarivattom Police Station and evading the same, they sped away from
the place and rammed the lorry into another police vehicle, which was attempting to intercept them. It is alleged that a loss of Rs.4,13,048/- was
sustained by the State owing to the act of the petitioner and the other accused.
3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in the matter. It is submitted that the incident was
a pure road accident and there was no intention to harm any police officer. It is submitted that no injuries, even of a minor nature, were reported by
the police officials in question. It is submitted that the petitioner is only a cleaner of the lorry and could not have done anything in the matter. It is
submitted that the petitioner has been in custody from 08.03.2022 and his continued detention is not necessary for the purpose of any investigation.
4. The learned Public Prosecutor vehemently opposes the grant of bail and points out the circumstances of the case appearing from the record.
Though it is admitted that the police officials did not sustain any injuries, it is pointed out that persons who evade lawful directions of police officials
cannot be released on bail, considering the facts and circumstances of the case. It is submitted that the Sub Inspector of Police and the driver of the
police jeep into which the mini lorry was rammed had escaped only on account of some fortuitous circumstances and in normal circumstances they
would have sustained serious injuries.
5. Having regard to the facts and circumstances of the case and taking into account the submission of the learned counsel for the petitioner that the
petitioner suffered serious injuries and is still under treatment, I am of the opinion that the petitioner can be granted bail subject to conditions. I also
take note of the submission of the learned counsel for the petitioner that the petitioner was admitted to hospital following serious injuries after his
arrest on 08.03.2022 and has been discharged only recently. I note that the continued detention of the petitioner may not be necessary for the purpose
of any investigation.
6. In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:
(1) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the
Jurisdictional Court;
(2) Petitioner shall report before the investigating officer in Crime No.247 of 2022 of Palarivattam Police Station, Ernakulam District, on every Saturday at 11.00AM
until further orders;
(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.247 of 2022 of Palarivattam Police Station,
Ernakulam District;
(4) The petitioner shall deposit an amount of Rs.25,000/- (Rupees Twenty Five Thousand only) before the Jurisdictional Court;
(5) 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.247 of 2022 of Palarivattam Police Station, Ernakulam District,
may file an application before the Jurisdictional Court for cancellation of bail. It is made clear that the grant of bail to the petitioner shall not be treated
as an entitlement for the 1st accused in the case to seek bail on similar terms.
